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 08-2387 License No.: MD-1002365

v.

SNYDER COMPUTER SYSTEMS, INC., D/B/A WILDFIRE MOTORS,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Snyder Computer Systems, Inc. d/b/a Wildfire Motors, 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 distributor in the State of Florida, having been issued license number MD-1002365, based upon the application identifying Jon B. Snyder, as President. The address of record is 11 Technology Way, Steubenville, Ohio 43952.

3. Section 320.64, Florida Statutes states that a license of a licensee under section

   
   

   320.61 may be denied, suspended or revoked within the entire state upon proof that " the applicant or licensee has advertised, printed, displayed, published, distributed, broadcast, or

   
   

   Filed January 23, 2009 8:00 AM Division of Administrative Hearings.

   
   

   televised, or caused or permitted to be advertised, printed, displayed, published, distributed, broadcast, or televised, in any manner whatsoever, any statement or representation with regard to the sale or financing of motor vehicles which is false, deceptive, or misleading.

4. Section 320.642, Florida Statutes states that any licensee who proposes to establish an additional motor vehicle dealership or permit the relocation of an existing dealer to a location within a community or territory where the same line-make vehicle is presently represented by a franchised motor vehicle dealer or dealers shall give written notice of its intention to the department.

5. Respondent was advised by the Department over a three month period regarding the applicable laws and proper procedures for the filing of correct Manufacturer Certificates of Origin and establishing new dealers for Respondent's products.

COUNT ONE

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

Section 320.61(1), Florida Statutes provides that no motor vehicle, foreign or domestic, may be sold, leased, or offered for sale or lease in this state unless the manufacturer, importer, or distributor of such motor vehicle is licensed under ss. 320.60-320.70 to sell the particular line-make being sold.

On or about August 26, 2008, the Department received information from the Marion County Tax Collector's Office that Respondent had sold a motor scooter manufactured

by Zhejiang Summit Huawin Motorcycle Co. Ltd. to Harley Davidson of Cool Springs.

C\ ;z:' On August 26, 2008 Respondent was not licensed as a distributor for motor scooters manufactured by Zhejiang Summit Huawin Motorcycle Co. Ltd.

13. Based on the foregoing, Respondent violated section 320.61(1), Florida Statutes, by selling motor scooters that it was not licensed to sell.

COUNTTWO

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

As part of the information received in paragraph eleven above the Manufacturers

Certificate of Origin (MCO) Respondent provided was incorrect. The body type was reflected as a "motor driven cycle" instead of "motor scooter", the manufacturer is listed as Zhejiang Zhefeng Huawin Motorcycle Co., Ltd., the correct manufacturer is Zhejiang Summit Huawin Motorcycle Co. Ltd., the line-make was reflected as "WILDFIRE" instead of "POPC".

\? ts. Based on the foregoing, Respondent violated section 320.64(12), Florida Statutes,

by issuing an incorrect MCO.

COUNT THREE

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

Based on documents provided by Respondent to the Department Respondent has sold motorcycles to twenty-three unauthorized dealers to wit: Astra Tool & Sales; Magic

Mobility; Lighthouse Marina; West Coast Furniture; Iverson's Scooters; L & D Automotive Specialties; Wooten's Auto Corp.; Dixon Wheels and Sound; New York Motor Sales; Beachside Scooter & Cycle World; Santa Fe Bicycle Outfitters; M & M Motors; Base Auto; Punta Gorda Motorsports; Matt Miller Tractor & Trailer; Charlotte Powersports; Rich Fetter Ent., Inc.; Kiki Motors, Inc.; WBG Enterprises LLC; Finish Line Scooters; Fishin Franks.

Based on the foregoing, Respondent violated section 320.642, Florida Statutes, by

failing to notify the Department that is was establishing the dealers in paragraph 52 above as authorized dealers.

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 "l" 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.

Carl 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

CAF:jdc

Copies furnished:

Nalini Vinayak, Administrator Dealer Licensing

William H. Rankin, Bureau Chief Bureau of Field Operations

Filed in th:_1ficial records of the Divisioz otor Vehicles

this/() day of November, 2008.

By certified mail to:

Jon B. Snyder, President Wildfire Motors

11 Technology Way

Steubenville, Ohio 43952

Docket for Case No: 09-000372