STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION _ OF MOTOR VEHICLES, O { . 5 a | » Case No.: DMV 07-1262 License No.: VI-1014477 Petitioner, Vv. WILLIAM B. WHEDBEE D/B/A MAJOR LEAGUE AUTO SALES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor ' Vehicles, files this Administrative Complaint against William B, “Whedbee d/b/a Major League SO Auto Sales, Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale, pursuant to section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001 and 28-107.004, Florida Administrative Code. 2. Respondent is, and has been at all times material hereto, a licensed independent motor vehicle dealer in the State of Florida, having been issued license number VI-1014477, based upon the application identifying William B. Whedbee, as Owner. The address of record is 1800 Nova Road, Holly Hill, Florida 32117. 3. Section 319.23(6), Florida Statutes provides that in the case of the sale of a motor vehicle by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. COUNT ONE 4. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 5. On or about May 24, 2007, Clara M. and Walter Washington purchased a 2000 Pontiac, VIN 1G2NF52E6YM730367, from Respondent. 6. Clara M. and Walter Washington and Respondent signed the buyers order and Respondent delivered the 2000 Pontiac, VIN 1G2NF52E6YM730367, to Mr. and Mrs. Washington on May 24, 2007. 7. ) Respondent failed to file the application for certificate of title by June 23, 2007, or _..within 30 days of May 24, 2007, 8. As of the filing of this Administrative Complaint Respondent has not filed for certificate of title for the 2000 Pontiac, VIN 1G2NF52E6YM730367. 9. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT TWO 10. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 11. On or about January 19, 2007, Donna M. Sullivan purchased a 1999 Chrysler, VIN 2C3HE66GXXH229713, from Respondent. 12. Donna M. Sullivan and Respondent signed the buyers order and Respondent delivered the 1999 Chrysler, VIN 2C3HE66GXXH229713, to Ms. Sullivan on January 19, 2007. 13. Respondent failed to file the application for certificate of title by February 18, 2007, or within 30 days of January 19, 2007. 14. As of the filing of this Administrative Complaint Respondent has not filed for certificate of title for the 1999 Chrysler, VIN 2C3HE66GXXH229713. 15. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. . COUNT THREE 16. Petitioner realleges and incorporates as if fully stated herein the allegations ....contained.in paragraphs one, two, and three, above. 17. Onor about March 14, 2007, Christopher Windham purchased a 2000 Chevrolet, VIN 1GNCS18W4YK206466, from Respondent. 18. Christopher Windham and Respondent signed the Notification of Transfer of Registration License Plate and Respondent delivered the 2000 Chevrolet, VIN 1GNCS18W4YK206466, to Mr. Windham on March 14, 2007. 19. Respondent failed to file the application for certificate of title by April 13, 2007, or within 30 days of March 14, 2007. 20. As of the filing of this Administrative Complaint Respondent has not filed for certificate of title for the 2000 Chevrolet, VIN 1GNCS18W4YK206466. 21. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT FOUR 22. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 23, On or about October 5, 2006, Shodora Patterson purchased a 2001 Chevrolet, VIN 1G1ND52J316156991, from Respondent. 24. Shodora Patterson and Respondent signed the bill of sale and Respondent delivered the 2001 Chevrolet, VIN 1G1ND52J316156991, to Ms. Patterson on October 5, 2006. 25. Respondent failed to file the application for certificate of title by November 4, ..,2006, or within 30 days of October 5, 2006... _. . cc ce eecteet ees vn wists tb orate tenn 26. As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2001 Chevrolet, VIN 1G1ND52J3 16156991. 27, Based.on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT FIVE 28. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 29. On or about April 25, 2007, Y-Not Auto Wholesale purchased a 1997 Ford, VIN IFALP52U3VG304210, from Respondent through County Auto Auction at Haines City. 30. | Y-Not Auto Wholesale received the sales agreement from County Auto Auction at Haines City and Respondent delivered the 1997 Ford, VIN 1FALP52U3VG304210, to Y-Not Auto Wholesale on April 25, 2007. 31. Respondent failed to file the application for certificate of title by May 25, 2007, or within 30 days of April 25, 2007. 32. As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the Ford, VIN IFALP52U3VG304210. 33. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT SIX 34,----- Petitioner realleges and incorporates as-if fully-stated herein. the allegations contained in paragraphs one, two, and three, above. 35. | Onor about April 25, 2007, Y-Not Auto Wholesale purchased a 1999 Chevrolet, VIN 2G1WL52M1X9139013, from Respondent through County Auto Auction at Haines City. 36. | Y-Not Auto Wholesale received the sales agreement from County Auto Auction at Haines City and Respondent delivered the 1999 Chevrolet, VIN 2G1WL52M1X9139013, to Y-Not Auto Wholesale on April 25, 2007. 37. Respondent failed to file the application for certificate of title by May 25, 2007, or within 30 days of April 25, 2007. 38. As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 1999 Chevrolet, VIN 2G1WL52M1X9139013. 39. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT SEVEN 40. Petitioner realleges and incorporates as if fully stated herein the allegations , contained in paragraphs one, two, and three, above. 41. On or about June 28, 2006, Angela and Walter Salkind purchased a 1998 Nissan, VIN 3NIAB41D5WL055243, from Respondent. 42, Angela and Walter Salkind and Respondent signed the buyers order and Respondent delivered the 1998 Nissan, VIN 3N1AB41D5WL055243, to Mr. and Mrs. Salkind on June 28, 2006. ...43.... Respondent failed to file the application for certificate of title by July 28, 2006, or within 30 days of June 28, 2006. 44. As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 1998 Nissan, VIN 3NIAB4IDSWLO055243. 45, Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. EXPLANATION OF RIGHTS You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena(s) and subpoena(s) duces tecum issued on your behalf if a hearing is requested. In response to the allegations set forth above, you must make one of the following elections and file your response within twenty-one (21) days from the date of your receipt of this Administrative Complaint. Please make your election on the enclosed Election of Rights form and ensure the Department receives it within 21 days. 1. If you admit the material fact(s) alleged in this Administrative Complaint, you may request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motor Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present either written and/or oral evidence in mitigation of any proposed penalty. A request for this type of hearing, in which no material facts are in dispute, should be directed to the Department by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring the Department receives it within 21 days from the date of your receipt of this Administrative Complaint. 2. If you dispute any material fact alleged in this Administrative Complaint, you must present sufficient evidence of your dispute and you may request a hearing, pursuant to section 120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute, should be directed to the Department by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations. of fact you are disputing and-.............-...... ensuring the Department receives it within 21 days from the date of your receipt of this Administrative Complaint. If you elect an evidentiary hearing, you must keep the Department informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. 3. If you wish to settle this matter now, indicate this by checking the appropriate space, marked as “3” on the Election of Rights form and ensure that the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, receives it, and the signed Agreement for Voluntary Revocation of Licensure within 21 days from the date of your receipt of this Administrative Complaint. In the event you fail to file your election in this matter with the Department within 21 days from your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute the alleged facts and the Department may proceed to enter a Final Order. Pursuant to section 120.573, Florida Statutes, mediation is not available for this proceeding. WHEREFORE, the Department hereby gives notice of its intent to enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine, and/or any other relief deemed appropriate. 4rl A. Ford, Directo: Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division, otor Vehicles this Z day of September, 2007. CAF:gmw Copies furnished: . co an Patricia Giumarra Regional Administrator Dealer Licensing By certified mail to: William B. Whedbee, Owner Major League Auto Sales 1800 Nova Road Holly Hill, Florida 32117 William B. Whedbee, Owner Major League Auto Sales 108 Astor Road Holly Hill, Florida 32117

Docket for Case No: 07-005513