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,

Petitioner, Case No.: DMV 08-1452 License No.: VI-1006335

V.

HAKAN FINANCE CORPORATION D/B/A HK FINANCE,

Respondent.

                                                                       I

ADMINISTRATIVE COMPLAINT

Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Hakan Finance Corporation d/b/a HK Finance, 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 motor vehicle

   
   

   • dealer in the State of Florida, having been issued license number VI-1006335, based upon the application identifying Ismail Tuysuz, as President. The address of record is 5704 East Colonial Drive, Orlando, Florida 32807.

   COUNT ONE

   
   

3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above.

   
   

   Filed December 9, 2008 12:31 PM Division of Administrative Hearings.

   
   

4. Section 319.33(4), Florida Statutes states in part that it is unlawful for any person knowingly and with intent to defraud to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a motor vehicle.

5. On or about March 5, 2007, Stacy Clark purchased a 2006 Chrysler, VIN 2C3KA53G66H313588, from Respondent.

6. Stacy Clark and Respondent signed the bill of sale and Respondent delivered the 2006 Chrysler, VIN 2C3KA53G66H313588, to Ms. Clark on March 5, 2007.

7. The bill of sale indicated that Ms. Clark was financing five thousand dollars ($5,000.00), however Ms. Clark gave Respondent check #1046 on March 5, 2007, in the amount of five thousand dollars ($5,000.00), which paid the vehicle off in full.

8. On or about October 11, 2007, Respondent applied for and obtained a duplicate title with Respondent as the lien holder, using a power of attorney.

9. Ms. Clark provided the Department with an affidavit indicating that she never signed the Power of Attorney authorizing Respondent to obtain a certificate of title with a lien holder; therefore Respondent applied for and obtained a duplicate title fraudulently. The Power of Attorney spelled Ms. Clark's name incorrectly, the date of birth and driver license number were also incorrect.

10. Based on the foregoing, Respondent violated sections 320.27(9)(b)13, Florida Statutes, through a violation of section 319.33(4), Florida Statutes, by having in his possession a fraudulently or unlawfully obtained certificate of title.

    
    

    COUNTTWO

    
    

11. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above.

12. 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.

13. On or about February 13, 2008, Nichol Rodriguez purchased a 1998 Honda, VIN 1HGCG5646WA267258, from Respondent.

14. Nichol Rodriguez signed the bill of sale and Respondent delivered the 1998 Honda, VIN 1HGCG5646W A267258, to Ms. Rodriguez on February 13, 2008.

15. Respondent failed to file the application for certificate of title by March 14, 2008, or within 30 days of February 13, 2008.

16. Respondent did not file the application for certificate of title for the 1998 Honda, VIN 1HGCG5646WA267258, until on or about May 6, 2008, which was 53 days after the statutorily mandated time period.

17. 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

    
    

18. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above.

    
    

    
    

19. 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.

20. On or about December 27, 2007, Mariangel Pimentel purchased a 2005 Nissan, VIN 1N4AL11D55Cl22464, from Respondent.

21. Mariangel Pimentel signed the finance agreement and Respondent delivered the 2005 Nissan, VIN 1N4AL11D55C122464, to Ms. Pimentel on December 27, 2007.

22. As part of the transaction referenced in paragraph twenty-one (21) above, Ms.

    
    

    Pimentel traded in a 2004 Ford, VIN 1FMRN13W74LA63355, with an outstanding lien in the amount of approximately $17,900.00.

23. Respondent failed to satisfy the outstanding lien on the 2004 Ford, VIN 1FMRN13W74LA63355, by January 10, 2008or within 10 working days of December 27, 2007.

24. Respondent did not satisfy the outstanding lien for the 2004 Ford, VIN 1FMRN13W74LA63355, until on or about March 11, 2008.

25. 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 FOUR

26. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

27. On or about January 17, 2008, Travis Lucas and Marquise Pea purchased a 2003 Ford, VIN 1FTNW21F53EB06955, from Respondent.

    
    

28. Travis Lucas, Marquise Pea and Respondent signed the bill of sale and Respondent delivered the 2003 Ford, VIN 1FTNW21F53EB06955, to Mr. Lucas and Ms. Pea on January 17, 2008.

29. Respondent failed to file the application for certificate of title by February 16, 2008, or within 30 days of January 17, 2008.

30. Respondent did not file the application for certificate of title for the 2003 Ford, VIN 1FTNW21F53EB06955, until on or about April 8, 2008, which was 52 days after the statutorily mandated time period.

31. 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

    
    

32. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

33. On or about February 28, 2008, Pedro Morales purchased a 1999 Cadillac, VIN W06VR52R4XR009022, from Respondent.

34. Pedro Morales and Respondent signed the purchase agreement and Respondent delivered the 1999 Cadillac, VIN W06VR52R4XR009022, to Mr. Morales on February 28, 2008.

35. Respondent failed to file the application for certificate of title by March 29, 2008, or within 30 days of February 28, 2008.

36. Respondent did not file the application for certificate of title for the 1999 Cadillac, VIN W06VR52R4XR009022, until on or about May 15, 2008, which was 47 days after the statutorily mandated time period.

    
    

    
    

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.

    COUNT SIX

38. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

39. On or about March 5, 2008, Amanda Erickson purchased a 2007 Pontiac, VIN

    
    

    2G2WP552371111058, from Respondent.

    
    

40. Amanda Erickson and Respondent signed the bill of sale and Respondent delivered the 2007 Pontiac, VIN 2G2WP552371111058, to Ms. Erickson on March 5, 2008.

41. Respondent failed to file the application for certificate of title by April 4, 2008, or within 30 days of March 5, 2008.

42. Respondent did not file the application for certificate of title for the 2006 Mazda, VIN JM1BK143561527659, until on or about May 2, 2008, which was 28 days after the statutorily mandated time period.

43. 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

44. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

45. On or about December 12, 2007, Kawana Walker purchased a 2005 Dodge, VIN 2D4FV48T05H628759, from Respondent.

    
    

    
    

46. Kawana Walker and Respondent signed the purchase agreement and Respondent delivered the 2005 Dodge, VIN 2D4FV48T05H628759, to Ms. Walker on December 12, 2007.

47. Respondent failed to file the application for certificate of title by January 11, 2008, or within 30 days of December 12, 2007.

48. As of the filing of this Administrative Complaint Respondent has not filed the

    
    

    application for certificate of title for the 2005 Dodge, VIN 2D4FV48T05H628759.

    
    

49. 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

    
    

50. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and forty five (45), above.

51. 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.

52. As part of the transaction referenced in paragraph forty five (45), above, Respondent issued Ms. Walker three temporary tags for the same vehicle as follows: S662454, issued December 12, 2007, S662791, issued January 25, 2008, and S665894, issued February 12, 2008.

53. 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 NINE

    
    

54. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

    
    

55. On or about April 28, 2008, Debra Brown purchased a 2004 Chevrolet, VIN 2G1WX12K949388666, from Respondent.

56. Debra Brown signed the bill of sale and Respondent delivered the 2004 Chevrolet, VIN 2G1WX12K949388666, to Ms. Brown on April 28, 2008.

57. Respondent failed to file the application for certificate of title by May 28, 2008, or

    
    

    within 30 days of April 28, 2008.

    
    

58. Respondent did not file the application for certificate of title for the 2004 Chevrolet, VIN 2G1WX12K949388666, until on or about July 22, 2008, which was 55 days after the statutorily mandated time period.

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 TEN

    
    

60. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, nineteen (19), and fifty five (55), above.

61. As part of the transaction referenced in paragraph fifty-five (55) above, Ms.

    
    

    Brown traded in a 2004 Toyota, VIN 1NXBR32E04Z297581, with an outstanding lien in the amount of approximately $14,295.00.

62. Respondent failed to satisfy the outstanding lien on the 2004 Toyota, VIN 1NXBR32E04Z297581, by May 12, 2008 or within 10 working days of April 28, 2008.

63. Respondent did not satisfy the outstanding lien for the 2004 Toyota, VIN 1NXBR32E04Z297581, until on or about June 21, 2008.

    
    

64. 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 ELEVEN

    
    

65. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

66. On or about March 24, 2008, Edwin P. Gonzalez purchased a 2004 Hummer, VIN 5GRGN23UX4H100106, from Respondent.

67. Edwin P. Gonzalez signed the bill of sale and Respondent delivered the 2004

    
    

    Hummer, VIN 5GRGN23UX4Hl00106, to Mr. Gonzalez on March 24, 2008.

    
    

68. Respondent failed to file the application for certificate of title by April 23, 2008, or within 30 days of March 24, 2008.

69. As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2004 Hummer, VIN 5GRGN23UX4H100106.

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.

    COUNT TWELVE

    
    

71. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and twelve (12), above.

72. On or about February 1, 2008, Ivan Rivera purchased a 2001 Chevrolet, VIN 2GlWH55K319215690, from Respondent.

73. Ivan Rivera and Respondent signed the bill of sale and Respondent delivered the 2001 Chevrolet, VIN 2G1WH55K319215690, to Mr. Rivera on February 1, 2008.

    
    

    
    

74. Respondent failed to file the application for certificate of title by March 2, 2008, or within 30 days of February 1, 2008.

75. Respondent did not file the application for certificate of title for the 2001 Chevrolet, VIN 2G1WH55K319215690, until on or about March 17, 2008, which was 15 days after the statutorily mandated time period.

76. 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.

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.

                   ct Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600

CAF:jdc

Filed in the official records of the Division q!),1.otor Vehicles this2.' ay of October, 2008.

Copies furnished:

Donn Lund

Regional Administrator Dealer Licensing

By certified mail to:

Ismail Tuysuz, President H KFinance

5704 East Colonial Drive Orlando, Florida 32807

Docket for Case No: 08-006134