Petitioner, Case No.: OMV 10-572 License No.: VF-1001517
V.
CON'S CYCLE CENTER, INC. D/B/A HOUSE OF POWER,
Respondent.
!
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Con's Cycle Center, Inc. d/b/a House of Power, Respondent, and alleges:
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.
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 VF-1001517, based upon the application identifying Glenn Sandler, as President. The address of record is 4515 Babcock Street Northeast, Palm Bay, Florida 32905.
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.
Filed July 7, 2010 2:27 PM Division of Administrative Hearings.
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.
COUNT ONE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above.
On or about November 22, 2009, Respondent obtained a 2002 Suzuki, VIN JS1GW71A522100660, from a third party.
At the time of the transaction referenced in paragraph six there was an outstanding lien on the 2002 Suzuki, VIN JS1GW71A522100660.
Respondent failed to satisfy the outstanding lien on the 2002 Suzuki, VIN JS1GW71A522100660 by December 8, 2009 or within 10 working days of November 22, 2009.
As of the signing of this Administrative Complaint Respondent has not satisfied the outstanding lien for the 2002 Suzuki, VIN JS1GW71A522100660.
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 TWO
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and four, above.
On or about November 28, 2009, Giuseppe Parrino purchased the 2002 Suzuki, VIN JS1GW71A522100660, referenced in paragraph six above, from Respondent.
Mary S. Breuer and Respondent signed the Bill of Sale and Respondent delivered the 2002 Suzuki, VIN JS1GW71A522100660, to Mr. Parrino on November 28, 2009.
Respondent failed to file the application for certificate of title by December 28, 2009, or within 30 days of November 28, 2009.
As of the signing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2002 Suzuki, VIN JS1GW71A522100660.
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
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above.
On or about October 29, 2009, Paul E. Pfeiffer, III purchased a 2008 Honda, VIN JH2SC590X8M001166, from Respondent.
Paul E. Pfeiffer, III and Respondent signed the finance agreement and Respondent delivered the 2008 Honda, VIN JH2SC590X8M001166, to Mr. Pfeiffer on October 29, 2009.
As part of the transaction referenced in paragraph eighteen above, Mr. Pfeiffer traded in a 2007 Kawasaki, VIN JKAZX4P117A017753, with an outstanding lien in the amount of approximately $5,150.00.
Respondent failed to satisfy the outstanding lien on the 2008 Honda, VIN JH2SC590X8M001166, by November 12, 2009 or within 10 working days of October 29, 2009.
As of the signing of this Administrative Complaint Respondent has not satisfied the outstanding lien for the 2008 Honda, VIN JH2SC590X8M001166.
Based on the foregoing, Respondent violated sections 320.27(9)(b)l 7, Florida Statutes, through a violation of section 319.24(5)(a), Florida Statutes, by failing to time!y satisfy an outstanding lien.
COUNTFOUR
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above.
On or about October 31, 2009, Shane Pehl purchased a 2008 Honda, VIN JH2SC59048M003527, from Respondent.
Shane Pehl and Respondent signed the finance agreement and Respondent delivered the 2008 Honda, VIN JH2SC59048M003527, to Mr. Pehl on October 31, 2009.
As part of the transaction referenced in paragraph twenty-five above, Mr. Pehl traded in a 2008 Kawasaki, VIN JKAVN2B188A032767, with an outstanding lien in the amount of approximately $9,111.88.
Respondent failed to satisfy the outstanding lien on the 2008 Honda, VIN JH2SC59048M003527, by November 13, 2009 or within 10 working days of October 31, 2009.
As of the signing of this Administrative Complaint Respondent has not satisfied the outstanding lien for the 2008 Honda, VIN JH2SC59048M003527.
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.
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.
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.
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.
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.
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.
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
Filed in the official records of the Divisio,..n, _of Motor Vehicles this day of April, 2010.
Glenn Sandler, President Con's Cycle Center, Inc.
