STATE OF FLORIDA oD DEPARTMENT OF HIGHWAY SAFETY AND MOTOR ven DIVISION OF MOTOR VEHICLES ee 2, 4), Tay, 45 SS & % DEPARTMENT OF HIGHWAY SAFETY O Wha. AND MOTOR VEHICLES, DIVISION OX-1e le OF MOTOR VEHICLES, Petitioner, Case No.: DMV 08-356 License No.: VI-1008020 Vv. NEAT RIDES, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Neat Rides, 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 28-106.215, 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-1008020, based upon the application identifying Brian R. Pollock, as President. The address of record is 7721 Blanding Boulevard, Jacksonville, Florida 32222. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. Section 320.27(7), states in part that “for each used motor vehicle in the possession of a licensee and offered for sale by him or her, the licensee shall have in his or her possession or control a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319, from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possession, or shall have made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection.” 5. On or about August 6, 2007, William J. Fink purchased a 2004 Porsche, VIN WP1AC29P54LA91812, from Respondent. 6. William J. Fink and Respondent signed the Buyers Order and Respondent delivered the 2004 Porsche, VIN WP1AC29P54LA91812, to Mr. Fink on August 6, 2007. 7. Respondent did not have a duly assigned certificate of title from the owner nor reasonable indicia of ownership or right of possession nor have made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. 8. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), by failing to have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, five, and six, above. 10. — Section 319.24(5)(a), Florida Statutes states that a motor vehicle dealer acquiring ownership of a motor vehicle with an outstanding purchase money lien, shall pay and satisfy the outstanding lien within 10 working days of acquiring ownership. 11. _ At the time of the sale of the vehicle referenced in paragraph six above, Respondent had not satisfied the outstanding lien to Porsche Leasing, Ltd. (lien holder). 12. As of the filing of this Administrative Complaint Respondent has not satisfied the outstanding lien on the vehicle reference in paragraph six above. 13. Based on the foregoing, Respondent violated sections 320.27(9)(b)17, Florida Statutes, through a violation of section 319.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien. COUNT THREE 14. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, five, and six, above. 15. 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. 16. Respondent failed to file the application for certificate of title by September 5, 2007, or within 30 days of August 6, 2007. 17. _ As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2004 Porsche, VIN WP1AC29P54LA91812. 18. 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 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. ‘arl A. Ford, Director 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 “day of March, 2008. CAF:gmw Copies furnished: Carol Lewis Regional Administrator Dealer Licensing ' By certified mail to: Brian R. Pollock, President Neat Rides, Inc. 7721 Blanding Boulevard Jacksonville, Florida 32222

Docket for Case No: 08-001760