STATE OF FLORIDA ; DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY 0 % m6) { %» 7" AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, : Petitioner, Case No.: DMV 07-1844 License No.: VI-1018647 v. . LAURAS AUTO SALES, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Wholesale Logistics, Inc., 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-1018647, based upon the application identifying Laura Nunez, as President. The address of record is 1380 Homestead Road North, Suite 1, Lehigh Acres, Florida 33936. 3. Section 320.27(9)(a)3, Florida Statutes provides that the department may deny, suspend, or revoke any license for failure to honor a bank draft or check given to a motor vehicle dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notification that the bank draft or check has been dishonored. 4. On or about June 21, 2007, Respondent purchased a 2003 Ford VIN 1FMPU15L53LC00320 from BBS of Southwest Florida, LLC d/b/a Tropic Auto & Marine. 5. Respondent paid for the vehicle referenced in paragraph four above with check number 1028. 6. BBS of Southwest Florida, LLC d/b/a Tropic Auto & Marine is a licensed independent motor vehicle dealer in the State of Florida, having been issued license number VI- 1006651. 7. The check referenced in paragraph five, above were given to BBS of Southwest Florida, LLC d/b/a Tropic Auto & Marine for the purchase of the vehicle referenced in paragraph four above, for resale by Respondent. 8. On or about July 3, 2007, BBS of Southwest Florida, LLC d/b/a Tropic Auto & Marine was notified that the checks had been dishonored by Respondent’s bank. 9. On or about October 31, 2007, BBS of Southwest Florida, LLC d/b/a Tropic Auto & Marine notified Respondent that the check had been dishonored and requested payment of the funds. 10. Respondent did not honor the check given to BBS of Southwest Florida, LLC d/b/a Tropic Auto & Marine, by November 15, 2007, or within ten (10) working days after notification that the checks were dishonored. 11. As of the filing of this Administrative Complaint Respondent has not honored the check referenced in paragraph five, above. 12. Based on the foregoing, Respondent violated 320.27(9)(a)3, Florida Statutes, by failing to honor checks given to a motor vehicle dealer for the purchase of motor vehicles by another motor vehicle dealer within ten (10) days after notification that the checks were dishonored. 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations of fact you are disputing, a general denial is not sufficient and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399,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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 3 ‘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 based upon the allegations contained in the Administrative Complaint. 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. ar! A. Ford, 51 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 of Motor Vehicles this _<2/ Zaay of December, 2007. CAF:gmw Copies furnished: Dianne McGowan Regional Administrator Dealer Licensing By certified mail to: Laura Nunez, President Lauras Auto Sales, Inc. 1380 Homestead Road N. Suite 1 Lehigh Acres, Florida 33936 Laura Nunez, President Lauras Auto Sales, Inc. 2608 43" Street SW Lehigh Acres, Florida 33971

Docket for Case No: 08-000932