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 10-880 License No.: VF-1019471
V.
MAD MOTORCYCLES, LLC,
Respondent.
./
ADMINISTRATIVE C01\1PLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Mad Motorcycles, LLC, 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-1019471, based upon the application identifying Ashley K. Viner, as Manager. The address of record is 612 South Federal Highway, #D, Stuart, Florida 34994.
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.
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.
Section 320.27(7), states in part that "for each used motor vehicle in the possession of a licensee and offered for sale by him or her, the licensee shall have in his or her possession or control a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319, from the time when the motor vehicle is delivered to the licensee and offered for sale by him or her until it has been disposed of by the licensee or shall have reasonable indicia of ownership or right of possession, or shall have made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter
319. A motor vehicle dealer may not sell or offer for sale a vehicle in his or her possession unless the dealer satisfies the requirements of this subsection."
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.
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.
COUNT ONE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above.
On or about June 3, 2009, Nichole Deater, purchased a 1995 Ford, VIN 2FMDA5143SBC69670, from Respondent.
Nichole Deater and Respondent signed the Vehicle Purchase Order and Respondent delivered the 1995 Ford, VIN 2FMDA5143SBC69670, to Ms. Deater on June 3, 2009.
Respondent failed to file the application for certificate of title by July 3, 2009, or within 30 days of June 3, 2009.
Respondent did not file the application for certificate of title for the 1995 Ford, VIN 2FMDA5143SBC69670 until on or about August 13, 2009 which was 41 days after the statutorily required timeframe.
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
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three above.
On or about August 21, 2009, Esther M. Colantuono, purchased a 2003 Chrysler, VIN 1C3EL55T83N573141, from Respondent.
Respondent delivered the 2003 Chrysler, VIN 1C3EL55T83N573141, to Ms.
Colantuono on August 21, 2009.
Respondent failed to file the application for certificate of title by September 20, 2009, or within 30 days of August 21, 2009.
Respondent did not file the application for certificate of title for the 2003 Chrysler, VIN 1C3EL55T83N573141 until on or about January 22, 2010 which was 102 days after the statutorily required timeframe.
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 four, above.
At the time of the transaction in paragraph fifteen above there was an outstanding lien on the vehicle.
Respondent failed to satisfy the outstanding lien on the 2003 Chrysler, VIN 1C3EL55T83N573141.
Respondent did not satisfy the outstanding lien for the 2003 Chrysler, VIN 1C3EL55T83N573141 until on or about January 20, 2010.
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
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and five, above.
At the time Respondent possessed the motor vehicle referenced in paragraph fifteen above and offered it for sale, Respondent did not have in his possession or control a duly
assigned certificate of title from the owner or reasonable indicia of ownership or right of possession in accordance with the provisions of chapter 319.
Based on the foregoing, Respondent violated section 320.27(9)(b)l 7, Florida Statutes, through a violation of section 320.27(7), by failing to have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319.
COUNT FIVE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three above.
On or about March 25, 2009, Margaret Ann Rogers, purchased a 2000 BMW, VIN WBAAM3347YCA88127, from Respondent.
Respondent delivered the 2000 BMW, VIN WBAAM3347YCA88127, to Ms.
Rogers on March 25, 2009.
Respondent failed to file the application for certificate of title by April 24, 2009, or within 30 days of March 25, 2009.
Respondent did not file the application for certificate of title for the 2000 BMW, VIN WBAAM3347YCA88127 until on or about January 25, 2010 which was 251 days after the statutorily required timeframe.
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
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and five, above.
At the time Respondent possessed the motor vehicle referenced in paragraph twenty-nine above and offered it for sale Respondent did not have in his possession or control a duly assigned certificate of title from the owner or reasonable indicia of ownership or right of possession in accordance with the provisions of chapter 319.
Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), by failing to have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319.
COUNT SEVEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and six, above.
As part of the transaction referenced in paragraph twenty-nine above Respondent issued Ms. Rogers four temporary tags for the same vehicle as follows: ADH3121, issued March 25, 2009, ADV0978, issued May 5, 2009, AEM5870, issued July 6, 2009, and AEV8618, issued August 4, 2009.
Based on the foregoing, Respondent violated section 322.27(9)(b)l 7, 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 EIGHT
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above.
On or about August 15, 2009, Todd Blease purchased a 2003 Infiniti, VIN JNKCV54E03M221515, from Respondent.
Todd Blease and Respondent signed the Vehicle Purchase Order and Respondent delivered the 2003 Infiniti, VIN JNKCV54E03M221515, to Mr. Blease on August 15, 2009.
Respondent failed to file the application for certificate of title by September 14, 2009, or within 30 days of August 15, 2009.
Respondent did not file the application for certificate of title for the 2003 Infiniti, VIN JNKCV54E03M221515 until on or about October 7, 2009 which was 23 days after the statutorily required timeframe.
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
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above.
On or about September 11, 2009, Richard and Rebecca May purchased a 2003 Suzuki, VIN JSl VSS3A732101007, from Respondent.
Richard and Rebecca May and Respondent signed the Vehicle Purchase Order and Respondent delivered the 2003 Suzuki, VIN JSl VSS3A732101007, to the May's on September 11, 2009.
Respondent failed to file the application for certificate of title by October 11, 2009, or within 30 days of September 11, 2009.
Respondent did not file the application for certificate of title for the 2003 Suzuki, VIN JSl VSS3A732101007 until on or about February 11, 2010 which was 124 days after the statutorily required timeframe.
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
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above.
On or about December 14, 2009, Rene Rafael Ruiz-Cardenas purchased a 2008 Harley Davidson, VIN 1HD1BW5148Y033825, from Respondent.
Rene Rafael Ruiz-Cardenas and Respondent signed the Vehicle Purchase Order and Respondent delivered the 2008 Harley Davidson, VIN 1HD1BW5148Y033825, to Mr. Ruiz Cardeans on December 14, 2009.
Respondent failed to file the application for certificate of title by January 13, 2010, or within 30 days of December 14, 2009.
Respondent did not file the application for certificate of title for the 2008 Harley Davidson, VIN 1HD1BW5148Y033825 until on or about March 9, 2010 which was 55 days after the statutorily required timeframe.
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 ELEVEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven above.
In October, 2008, Bill Armes entered into a consignment contract with Respondent, wherein Respondent would have the sole and exclusive authority to offer Mr. Armes's 2008 Harley Davidson VIN 1HD1BW5148Y033825, for the amount of $15,900.
On or about December 14, 2009 Respondent sold the 2008 Harley Davidson VIN 1HD1BW5148Y033825 to Rene Rafael Ruiz-Cardenas for $15,477.42.
Respondent did not notify Mr. Armes about the sale of his motorcycle. Mr. Armes was notified on January 19, 2010 by Mr. Ruiz-Cardenas, the buyer of the motorcycle that it had sold at the selling price of $15,477.42, $422.58 less than the agreed amount on the consignment contract.
Respondent refused to pay Mr. Armes the agreed upon amount and changed the amount on the consignment contract to $14,200.00, $1,700.00 less than original agreed upon amount.
After having to get the St. Lucie Police Department involved, Respondent and Mr. Armes agreed on the consignment amount of $14,900.00.
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 TWELVE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above.
On or about February 15, 2010, Aaron J. Landers purchased a 2004 Chrysler, VIN 3C4FY48B94T269252, from Respondent.
Aaron J. Landers and Respondent signed the Vehicle Purchase Order and Respondent delivered the 2004 Chrysler, VIN 3C4FY48B94T269252, to Mr. Landers on February 15, 2010.
Respondent failed to file the application for certificate of title by March 17, 2010,
or within 30 days of February 15, 2010.
As of the signing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2004 Chrysler, VIN 3C4FY48B94T269252.
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 THIRTEEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and six, above.
As part of the transaction referenced in paragraph sixty-six above Respondent issued Mr. Landers three temporary tags for the same vehicle as follows: AHF2718, issued February 15, 2010, AHS6810, issued March 15, 2010, and AID8065, issued April 13, 2010.
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.
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.
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.
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.
r 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 thisday of June, 2010.
CAF:jdc
Copies furnished:
Diane Buck
Regional Administrator Dealer Licensing
By certified mail to:
Ashley K. Viner, Manager Mad Motorcycles, LLC
612 South Federal Highway, #D Stuart, Florida 34994
| Issue Date | Proceedings |
|---|---|
| Sep. 16, 2010 | Final Order filed. |
| Aug. 17, 2010 | Order Relinquishing Jurisdiction and Closing File. CASE CLOSED. |
| Aug. 16, 2010 | Motion to Dismiss as Moot filed. |
| Jul. 22, 2010 | Order of Pre-hearing Instructions. |
| Jul. 22, 2010 | Notice of Hearing (hearing set for September 30, 2010; 9:00 a.m.; Stuart, FL). |
| Jul. 21, 2010 | Joint Response to Initial Order filed. |
| Jul. 15, 2010 | Initial Order. |
| Jul. 14, 2010 | Agency referral filed. |
| Jul. 14, 2010 | Answer filed. |
| Jul. 14, 2010 | Administrative Complaint filed. |
