STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 08 Mg 5 “ee DIVISION OF MOTOR VEHICLES 3 PH > ’ DEPARTMENT OF HIGHWAY SAFETY O X- o 56 ( AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV 08-444 License No.: VI-1003933 v. AID AUTO BROKERS, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Aid Auto Brokers, 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 28-106.2015, 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-1003933, based upon the application identifying Alex Arozker, as President. The address of record is 2875 S. W. 30 Avenue, Pembroke Park, Florida 33009. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations . contained in the paragraphs above. / 4. 7 “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. 5. On or about September 29, 2007, Sharon Thomas purchased a 2005 Honda, VIN SHSRD68575U303311, from Respondent. 6. Sharon Thomas and Respondent signed the Bill of Sale and Respondent delivered the 2005 Honda, VIN SHSRD68575U303311, to Ms. Thomas on September 29, 2007. 7. Respondent failed to file the application for certificate of title by October 29, 2007, or within 30 days of September 29, 2007. 8. Respondent did not file for certificate of title for the 2005 Honda, VIN SHSRD68575U303311, until on or about November 20, 2007, which was 22 days after the statutorily required timeframe. 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 and two, above. 11. 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. 12. On or about Angust 2, 2007, Nick Quick purchased a 2003 Chevrolet, VIN 1GNEK13Z23R100835, from Respondent. 13. Nick Quick signed the Bill of Sale and Respondent delivered the 2003 Chevrolet, VIN 1GNEK13Z23R 100835, to Mr. Quick on August 2, 2007. 14. Respondent failed to file the application for certificate of title by September |, 2007, or within 30 days of August 2, 2007. 15. Respondent did not file for certificate of title for the 2003 Chevrolet, VIN 1GNEK13Z23R 100835, until on or about November 20, 2007, which was 80 days after the statutorily required timeframe. 16. 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 17. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 18. 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. 19. | Onor about May 4, 2007, Nadia Boyer purchased a 2002 Volkswagen, VIN 3VWSK69M72M074038, from Respondent. 20. Nadia Boyer signed the finance agreement and Respondent delivered the 2002 Volkswagen, VIN 3VWSK69M72M074038, to Ms. Boyer on May 4, 2007. . 21, - Respondent failed to file the application for certificate of title by June 3, 2007, or within 30 days of May 4, 2007. 22. Respondent did not file for certificate of title for the 2002 Volkswagen, VIN 3VWSK69M72M074038, until on or about June 20, 2007, which was 17 days after the statutorily required timeframe. 23. ' 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 24. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above. 25. 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. 26. On or about December 27, 2006, Hoses Moultrie purchased a 2002 Nissan, VIN 1N4BL11D32C133124, from Respondent. 27. Hoses Moultrie and Respondent signed the bill of sale and Respondent delivered the 2002 Nissan, VIN 1N4BL11D32C133124, to Mr. Moultrie on December 27, 2006. 28. Respondent failed to file the application for certificate of title by January 26, 2007, or within 30 days of December 27, 2006. 29. Respondent did not file the application for certificate of title for the 2002 Nissan, VIN 1N4BL11D32C133124, until March 5, 2007, which was 38 days after the statutorily required timeframe. 30. 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 31. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 32. 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. 33. On or about December 19, 2006, Norton Nieves purchased a 2002 Land Rover, VIN SALNM222232A221201, from Respondent. 34. Norton Nieves and Respondent signed the Bill of Sale and Respondent delivered the 2002 Land Rover, VIN SALNM222232A221201, to Mr. Nieves on December 19, 2006. 35. Respondent failed to file the application for certificate of title by January 18, 2007, or within 30 days of December 19, 2006. 36. Respondent did not file the application for certificate of title for the 2002 Land Rover, VIN SALNM222232A221201, until March 12, 2007, which was 53 days after the statutorily required timeframe. 37. 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. 38. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 39, 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. 40. On or about November 9, 2006, Lisa L. Dykes purchased a 2004 Nissan, VIN 3N1CB51D44L875311, from Respondent. 41. Lisa L. Dykes and Respondent signed the Bill of Sale and Respondent delivered the 2004 Nissan, VIN 3N1CB51D44L875311, to Ms. Dykes on November 9, 2006. 42. Respondent failed to file the application for certificate of title by December 9, 2006, or within 30 days of November 9, 2006. 43. Respondent did not file the application for certificate of title for the 2004 Nissan, VIN 3N1CB51D44L875311, until April 10, 2007, which was 122 days after the statutorily required timeframe. 44. 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 45. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 46. 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. 47. Onor about February 18, 2007, Marisel F. Vega purchased a 2003 Jaguar, VIN SAJEA01TX3FM70972, from Respondent. 48. Marisel F. Vega and Respondent signed the Bill of Sale and Respondent delivered the 2003 Jaguar, VIN SAJEA01TX3FM70972, to Ms. Vega on February 18, 2007. 49. Respondent failed to file the application for certificate of title by March 20, 2007, or within 30 days of February 19, 2007. 50. Respondent did not file the application for certificate of title for the 2003 Jaguar, VIN SAJEAO1TX3FM70972, until April 18, 2007, which was 29 days after the statutorily required timeframe. 51. 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 EIGHT 52. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 53. 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. 54. Onor about May 21, 2007, Ellyn W. Goffe purchased a 2006 Ford, VIN 1FAFP34N16W224581, from Respondent. 55. . “Billyn W. Goffe and Respondent signed the Bill of Sale and Respondent delivered the 2006 Ford, VIN 1FAFP34N16W224581, to Ms. Goffe on May 21, 2007. 56. Respondent failed to file the application for certificate of title by April 20, 2007, or within 30 days of May 21, 2007. 57. Respondent did not file the application for certificate of title for the 2006 Ford, VIN 1FAFP34N16W224581, until July 17, 2007, which was 27 days after the statutorily required timeframe. 59. 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 NINE 60. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, fifty-four (54), and fifty-five (55), above. 61. Section 320.131(2), Florida Statutes, provides that no more than two temporary tags shall be issued to the same person for the same vehicle. 62. Respondent issued Ms. Goffe three temporary tags for the same vehicle as follows: Q030555, issued March 4, 2007, Q932088, issued May 2, 2007, and Q932149, issued May 20, 2007. 63. Based on the foregoing, Respondent violated section 322.27(9)(b)17, Florida Statutes, through a violation of section 320.131(2), Florida Statutes, by issuing more than two temporary tags to the same person for the same vehicle. COUNT TEN 64. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 65. 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. 66. | Onor about January 17, 2007, Donna Guthrie purchased a 2003 Mercedes, VIN WDBRF64J83F351279, from Respondent. 67. Donna Guthrie and Respondent signed the finance agreement and Respondent delivered the 2003 Mercedes, VIN WDBRF64J83F351279, to Ms. Guthrie on January 17, 2007 68. Respondent failed to file the application for certificate of title by February 16, 2007, or within 30 days of January 17, 2007. 69. Respondent did not file the application for certificate of title for the 2003 Mercedes, VIN WDBRF64J83F351279, until June 5, 2007, which was 108 days after the statutorily required timeframe. 70. 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 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 the Department receives it, along with any required check made payable to the Division of Motor Vehicles, and the signed Settlement Stipulation 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 10 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 6