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 09-14861 License No.: VI-1013982

V.

D & L SALES, LLC D/B/A FLORIDA LUXURY COACH,

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 D & L Sales, LLC d/b/a Florida Luxury Coach, Respondent, and alleges:

I . 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.

1. 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-1013982, based upon the application identifying Lon J. Neuville, as President. The address of record is 1800 Bobby Lee Point, Sanford, Florida 32771.

2. Section 320.27(9)(b)3, Florida Statutes provides in part that the department may deny, suspend, or revoke any license issued hereunder upon "misrepresentation or false, deceptive, or misleading statements with regard to the sale or financing of motor vehicles... "

   
   

   Filed October 7, 2009 12:17 PM Division of Administrative Hearings.

3. Section 320.27(9)(b)5, Florida Statutes, provides that a motor vehicle dealer license is subject to denial, suspension, or revocation of the dealer license if the dealer fails to comply with the terms of any bona fide written, executed agreement, pursuant to the sale of a motor vehicle.

4. 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. Section 320.27(7), Florida Statutes provides in part that reasonable indicia of ownership is "a consignment contract between the owner and the dealer along with a secure power of attorney from the owner to the dealer authorizing the dealer to apply for a duplicate certificate of title and assign the title on behalf of the owner... "

   COUNT ONE

   
   

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

7. On September 23, 2008, S & T Travels, LLC entered into a consignment contract with Respondent, wherein Respondent would have the sole and exclusive authority, for a period of 90 days from the date of the contract to offer S & T Travels, LLC 2006 Monaco VIN

   lRFl7561361038685, for the amount of $325,000 with a fee listed as "to be agreed upon at time of sale."

8. On March 12, 2009 Respondent sold the 2006 Monaco VIN lRFl7561361038685 to Denny and Renee Kilbane for $300,000.00.

9. On March 13, 2009, one day after selling the 2006 Monaco VIN

   
   

   lRFl7561361038685, Respondent contacted S & T Travels, LLC to revise the consignment

   agreement to $200,000.00 plus a 1997 Monaco Signature. Respondent did not reveal to S & T Travels, LLC that the unit had already been sold for $300,000.00.

10. On March 19, 2009 Respondent paid S & Travels, LLC $200,000.00 for the 2006 Monaco VIN lRFl7561361038685.

11. Based on the foregoing, Respondent violated sections 320.27(9)(b)5, Florida Statutes, by failing to comply with the terms of any bona fide written, executed agreement, pursuant to the sale of a motor vehicle.

    COUNT TWO

    
    

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

13. On or about October 12, 2007, Alejandro Diaz purchased a 1998 Prevost recreational vehicle VIN 2PCM33490V1026144, from Respondent.

14. Respondent signed the Sales Agreement and Respondent delivered the 1998 Prevost recreational vehicle VIN 2PCM33490V1026144, to Mr. Diaz on October 26, 2007.

15. Respondent failed to file the application for certificate of title by November 25, 2007 or within 30 days of October 26, 2007.

16. Respondent did not file for certificate of title for the 1998 Prevost recreational vehicle VIN 2PCM33490V1026144 until on or about December 21, 2007 which was 26 days after the statutorily required timeframe.

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.

    COUNTTHREE

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

19. On February 23, 2005, Wayne Knight entered into a consignment contract with Respondent, wherein Respondent would have the sole and exclusive authority, for a period of 30 days from the date of the contract to offer Mr. Knight's 2000 Vantare VIN 2PCV33496X1012904, for the amount of $650,000 with a fee listed as 10%

20. On May 23, 2005 Respondent sold the 2000 Vantare VIN 2PCV33496Xl012904 to Mr. and Mrs. Tatanish for $780,000.00.

21. On May 25, 2005 Respondent only paid Mr. Knight $290,000.00 instead of

    
    

    $702,000.00 ($780,000.00 minus $78,000.00 10% commission) due to them in accordance with the consignment contract.

22. Over four years later, on July 21, 2009, as a result of the settlement of court litigation Respondent paid Mr. Knight an additional $35,000.00 of an agreed $85,000.00, which remaining $50,000.00 to be paid within one year of the Settlement Agreement.

23. As of the filing of this Administrative Complaint Respondent has not paid Mr.

    
    

    Knight in accordance with the consignment contract.

    
    

24. Based on the foregoing, Respondent violated sections 320.27(9)(b)5, Florida Statutes, by failing to comply with the terms of any bona fide written, executed agreement,

    pursuant to the sale of a motor vehicle.

    
    

    COUNT FOUR

    
    

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

26. On August 28, 2008, James Knee entered into a consignment contract with Respondent, wherein Respondent would have the sole and exclusive authority, for a period of 60 days from the date of the contract to offer Mr. Knee's 2006 Gulfstream VIN

    4UZ6XFBC7XCB 13824, for the amount of $112,000 with a fee listed as"$ above agreed net"

    
    

27. On or about Novmeber 11, 2008 Respondent sold the 2006 Gulfstream VIN 4UZ6XFBC7XCB13824 to Beverly Brill for $150,500.00.

28. Respondent only paid Mr. Knee $97,500.00 instead of $112,000.00 due to him in accordance with the consignment contract.

29. As of the filing of this Administrative Complaint Respondent has not paid Mr.

    
    

    Knee in accordance with the consignment contract.

    
    

30. Based on the foregoing, Respondent violated sections 320.27(9)(b)5, Florida Statutes, by failing to comply with the terms of any bona fide written, executed agreement, pursuant to the sale of a motor vehicle.

    COUNT FIVE

    
    

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

32. On May 11, 2009 Compliance Examiner Totten conducted an audit of Respondent dealership.

33. At the time of the audit referenced in paragraph thirty-three above Compliance Examiner Totten examined the deal jacket for the sale of a 2005 Millennium VIN 2PCW3349921027894.

34. Included in the deal jacket was a copy of an incomplete non-secure power of attorney form signed by Fred Phillips but with no named attorney-in-fact.

35. Section 320.27(7), Florida Statutes requires a secure power of attorney from the owner to the dealer authorizing the dealer to apply for a duplicate certificate of title and assign the title on behalf of the owner.

36. Based on the foregoing Respondent violated section 320.27(6), Florida Statutes through a violation of section 320.27(7), Florida Statutes by not having a secure power of attorney for the purposes of transferring title.

    COUNT SIX

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

38. At the time of the audit referenced in paragraph thirty-three above Compliance Examiner Totten examined the deal jacket for the sale of a 1994 Prevost VIN

    2P9M33402Nl 001530.

    
    

39. Included in the deal jacket was a copy of an incomplete non-secure power of attorney form signed by Wendell S. Stocksett but with no named attorney-in-fact.

40. Section 320.27(7), Florida Statutes requires a secure power of attorney from the owner to the dealer authorizing the dealer to apply for a duplicate certificate of title and assign the title on behalf of the owner.

41. Based on the foregoing Respondent violated section 320.27(6), Florida Statutes through a violation of section 320.27(7), Florida Statutes by not having a secure power of attorney for the purposes of transferring title.

    COUNT SEVEN

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

43. At the time of the audit referenced in paragraph thirty-three above Compliance Examiner Totten examined the deal jacket for the sale of a 2000 Vantare.

44. Included in the deal jacket was a copy of an incomplete non-secure power of attorney form signed by William Robinson but with no named attorney-in-fact and no vehicle identification number.

45. Section 320.27(7), Florida Statutes requires a secure power of attorney from the owner to the dealer authorizing the dealer to apply for a duplicate certificate of title and assign the title on behalf of the owner.

46. Based on the foregoing Respondent violated section 320.27(6), Florida Statutes through a violation of section 320.27(7), Florida Statutes by not having a secure power of attorney for the purposes of transferring title.

    COUNT EIGHT

    
    

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

48. On May 11, 2009 Compliance Examiner Totten conducted an audit of Respondent dealership.

49. At the time of the audit referenced in paragraph thirty-three above Compliance Examiner Totten examined the deal jacket for the sale of a 2006 Hora VIN 1RF18571161038678.

50. Included in the deal jacket was a copy of an incomplete non-secure power of attorney form signed by Roby Eping but with no named attorney-in-fact.

51. Section 320.27(7), Florida Statutes requires a secure power of attorney from the owner to the dealer authorizing the dealer to apply for a duplicate certificate of title and assign the title on behalf of the owner.

52. Based on the foregoing Respondent violated section 320.27(6), Florida Statutes through a violation of section 320.27(7), Florida Statutes by not having a secure power of attorney for the purposes of transferring title.

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.

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.

This document has been served on you by hand delivery, certified mail or publication. All subsequent documents, orders, notices, or related correspondence will be provided to you by email at the email address you provided to the Department in your license application(s). In the event no email address was provided in your license application(s) regular US mail will be utilized.

If you provided the Department an email address in your license application(s) you should check your email on a regular basis if an Administrative Complaint or Order of Emergency Suspension has been filed and served on you.

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.

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 Divis f Motor Vehicles

this day of September, 2009.

CAF:jdc

Copies furnished:

Gary Konopka

Regional Administrator Dealer Licensing

By certified mail to:

Lon J. Neuville, President D & L Sales, LLC

1800 Bobby Lee Point Sanford, Florida 32771

Docket for Case No: 09-005466

Orders for Case No: 09-005466