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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES vs SHERLYN SALE CORP., 10-010228 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010228 Visitors: 32
Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Respondent: SHERLYN SALE CORP.
Judges: JOHN D. C. NEWTON, II
Agency: Department of Highway Safety and Motor Vehicles
Locations: Miami, Florida
Filed: Nov. 16, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 3, 2010.

Latest Update: Dec. 23, 2024
10010228_375_11162010_01471500_e


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-10-1233 License No.: VI-1018800

V.


SHERLYN SALE CORP.,


Respondent.

                                                                            !


ADMINISTRATIVE COMPLAINT


Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Sherlyn Sale Corp, 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 independent motor vehicle dealer in the State of Florida, having been issued license number VI-1018800, based upon the application identifying Elias Valdez as President. The address of record is 7301 Northwest 27 Avenue, Miami, Florida 33147.

  3. Section 319.14(6), Florida Statutes provides in part that it is unlawful to remove a rebuilt decal from a rebuilt vehicle with the intent to conceal the rebuilt status of the vehicle.

  4. Section 319.14(2), Florida Statutes provides in part that no person shall knowingly sell, exchange, or transfer a vehicle that is rebuilt, without prior to consummating the


    Filed November 16, 2010 1:47 PM Division of Administrative Hearings

    sale, exchange or transfer, disclosing in writing to the purchaser, customer, or transferee the fact that the vehicle has been rebuilt.

    COUNT ONE


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

  6. On May 7, 2010, Respondent presented a 2003 Infiniti, VIN JNKCV51E13M304763 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  7. On May 8, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2003 Infiniti, VIN JNKCV51El3M304763 referenced in paragraph six above.

  8. On July 13, 2010 an inspection of Respondent's location revealed that the 2003 Infiniti, VIN JNKCV51El3M304763 no longer had the rebuilt decal attached.

  9. Based on the foregoing, Respondent violated section 320.27(9)(b)l 7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWO


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

  11. On April 16, 2010, Respondent presented a 2007 Toyota, VIN 4T1BE46K37U638638 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  12. On April 16, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2007 Toyota, VIN 4T1BE46K37U638638 referenced in paragraph six above.

  13. On July 13, 2010 an inspection of Respondent's location revealed that the 2007 Toyota, VIN 4T1BE46K37U638638 no longer had the rebuilt decal attached.

  14. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT THREE


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

  16. On May 7, 2010, Respondent presented a 2007 Toyota, VIN 4T1BE46K27U099879 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  17. On May 7, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2007 Toyota, VIN 4T1BE46K27U099879 referenced in paragraph six above.

  18. On July 13, 2010 an inspection of Respondent's location revealed that the 2007 Toyota, VIN 4T1BE46K27U099879 no longer had the rebuilt decal attached.

  19. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

COUNT FOUR


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

  1. On May 21, 2010, Respondent presented a 2008 Toyota, VIN 5TFRV54168X057332 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  2. On May 21, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2008 Toyota, VIN 5TFRV54168X057332 referenced in paragraph six above.

  3. On July 13, 2010 an inspection of Respondent's location revealed that the 2008 Toyota, VIN 5TFRV54168X057332 no longer had the rebuilt decal attached.

  4. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT FIVE


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

  6. On September 4, 2009, Respondent presented a 2008 Honda, VIN 1HGCP26358Al54281 for a rebuilt inspection and decal.

  7. On September 4, 2009 a rebuilt decal was attached to the 2008 Honda, VIN 1HGCP26358Al54281 referenced in paragraph six above.

  8. On July 13, 2010 an inspection of Respondent's location revealed that the 2008 Honda, VIN 1HGCP26358A154281 no longer had the rebuilt decal attached.

  9. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT SIX


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

  11. On November 20, 2008, Respondent presented a 2004 Honda, VIN 1HGCM72254A022165 to Compliance Examiner Fernando Guntin for a rebuilt inspection and decal.

  12. On November 20, 2008 Compliance Examiner Guntin attached a rebuilt decal


    onto the 2004 Honda, VIN 1HGCM72254A022165 referenced in paragraph six above.

  13. On July 13, 2010 an inspection of Respondent's location revealed that the 2004 Honda, VIN 1HGCM72254A022165 no longer had the rebuilt decal attached.

  14. Based on the foregoing, Respondent violated section 320.27(9)(b)l 7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT SEVEN


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

  16. On March 25, 2010, Respondent presented a 2008 Honda, VIN 1HGCP36848A042427 to Compliance Examiner Lissette Toledo for a rebuilt inspection and decal.

  17. On March 25, 2010 Compliance Examiner Toledo attached a rebuilt decal onto the 2008 Honda, VIN 1HGCP36848A042427 referenced in paragraph six above.

  18. On July 13, 2010 an inspection of Respondent's location revealed that the 2008 Honda, VIN 1HGCP36848A042427 no longer had the rebuilt decal attached.

  19. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida


    Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT EIGHT


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

  21. On May 27, 2010, Respondent presented a 2008 Honda, VIN JHMCP268X8C024414 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  22. On May 27, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2008 Honda, VIN JHMCP268X8C024414 referenced in paragraph six above.

  23. On July 13, 2010 an inspection of Respondent's location revealed that the 2008 Honda, VIN JHMCP268X8C024414 no longer had the rebuilt decal attached.

  24. Based on the foregoing, Respondent violated section 320.27(9)(b)l 7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT NINE


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

  26. On November 19, 2009, Respondent presented a 2002 Ford, VIN 1FAFP53U82A235914 to Compliance Examiner Fernando Guntin for a rebuilt inspection and decal.

  27. On November 19, 2009 Compliance Examiner Guntin attached a rebuilt decal onto the 2002 Ford, VIN 1FAFP53U82A235914 referenced in paragraph six above.

  28. On July 13, 2010 an inspection of Respondent's location revealed that the 2002 Ford, VIN 1FAFP53U82A235914 no longer had the rebuilt decal attached.

  29. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TEN


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

  31. On May 12, 2010, Respondent presented a 2008 Honda, VIN 1HGCP26778A033884 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  32. On May 12, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2008 Honda, VIN 1HGCP26778A033884 referenced in paragraph six above.

  33. On July 13, 2010 an inspection of Respondent's location revealed that the 2008 Honda, VIN 1HGCP26778A033884 no longer had the rebuilt decal attached.

  34. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT ELEVEN


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

  36. On May 12, 2010, Respondent presented a 2009 Honda, VIN 1HGCS12869A008838 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  37. On May 12, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2009 Honda, VIN 1HGCS12869A008838 referenced in paragraph six above.

  38. On July 13, 2010 an inspection of Respondent's location revealed that the 2009 Honda, VIN 1HGCS12869A008838 no longer had the rebuilt decal attached.

  39. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWELVE


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

  41. On May 21, 2010, Respondent presented a 2006 Honda, VIN 3HGCM56416G703170 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  42. On May 21, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2006 Honda, VIN 3HGCM56416G703170 referenced in paragraph six above.

  43. On July 13, 2010 an inspection of Respondent's location revealed that the 2006 Honda, VIN 3HGCM56416G703170 no longer had the rebuilt decal attached.

  44. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT THIRTEEN


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

  46. On May 27, 2010, Respondent presented a 2009 Honda, VIN 1HGCP264X9A180904 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  47. On May 27, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2009 Honda, VIN 1HGCP264X9A180904 referenced in paragraph six above.

  48. On July 13, 2010 an inspection of Respondent's location revealed that the 2009 Honda, VIN 1HGCP264X9A180904 no longer had the rebuilt decal attached.

  49. Based on the foregoing, Respondent violated section 320.27(9)(b)l7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT FOURTEEN


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

  51. On September 17, 2009, Respondent presented a 2009 Honda, VIN


    lHGCS12859A001332 to Compliance Examiner Fernando Guntin for a rebuilt inspection and decal.

  52. On September 17, 2009 Compliance Examiner Guntin attached a rebuilt decal onto the 2009 Honda, VIN lHGCS12859A001332 referenced in paragraph six above.

  53. On July 13, 2010 an inspection of Respondent's location revealed that the 2009 Honda, VIN 1HGCS12859A001332 no longer had the rebuilt decal attached.

  54. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT FIFTEEN


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

  56. On July 2, 2010, Respondent presented a 2004 Toyota, VIN 5TESN92N74Z390642 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  57. On July 2, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2004 Toyota, VIN 5TESN92N74Z390642 referenced in paragraph six above.

  58. On July 13, 2010 an inspection of Respondent's location revealed that the 2004 Toyota, VIN 5TESN92N74Z390642 no longer had the rebuilt decal attached.

  59. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida


    Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT SIXTEEN

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

  61. On June 16, 2010, Respondent presented a 2007 Toyota, VIN 5TFRV54107X015589 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  62. On June 16, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2007 Toyota, VIN 5TFRV54107X015589 referenced in paragraph six above.

  63. On July 13, 2010 an inspection of Respondent's location revealed that the 2007 Toyota, VIN 5TFRV54107X015589 no longer had the rebuilt decal attached.

  64. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT SEVENTEEN

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

  66. On June 4, 2010, Respondent presented a 2007 Nissan, VIN JN1BZ34D27M505802 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  67. On June 4, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2007 Nissan, VIN JN1BZ34D27M505802 referenced in paragraph six above.

  68. On July 13, 2010 an inspection of Respondent's location revealed that the 2007 Nissan, VIN JN1BZ34D27M505802 no longer had the rebuilt decal attached.

  69. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT EIGHTEEN


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

  71. On May 27, 2010, Respondent presented a 2008 Nissan, VIN 1N6AA07G18N312005 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  72. On May 27, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2008 Nissan, VIN 1N6AA07G18N312005 referenced in paragraph six above.

  73. On July 13, 2010 an inspection of Respondent's location revealed that the 2008 Nissan, VIN 1N6AA07G18N312005 no longer had the rebuilt decal attached.

  74. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT NINETEEN


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

  76. On April 16, 2010, Respondent presented a 2007 Honda, VIN


    1HGCM66497 A033437 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.


  77. On April 16, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2007 Honda, VIN 1HGCM66497 A033437 referenced in paragraph six above.

  78. On July 13, 2010 an inspection of Respondent's location revealed that the 2007 Honda, VIN 1HGCM66497 A033437 no longer had the rebuilt decal attached.

  79. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWENTY


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

  81. On April 1, 2010, Respondent presented a 2005 Honda, VIN 1HGCM56125A171432 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  82. On April 1, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2005 Honda, VIN 1HGCM56125Al 71432 referenced in paragraph six above.

  83. On July 13, 2010 an inspection of Respondent's location revealed that the 2005 Honda, VIN 1HGCM56125Al71432 no longer had the rebuilt decal attached.

  84. Based on the foregoing, Respondent violated section 320.27(9)(b)l7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWENTY-ONE


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

  86. On May 7, 2010, Respondent presented a 2006 Toyota, VIN JTEZT14R660027396 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  87. On May 7, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2006 Toyota, VIN JTEZT14R660027396 referenced in paragraph six above.

  88. On July 13, 2010 an inspection of Respondent's location revealed that the 2006 Toyota, VIN JTEZT14R660027396 no longer had the rebuilt decal attached.

  89. Based on the foregoing, Respondent violated section 320.27(9)(b)l7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWENTY-TWO


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

  91. On August 27, 2009, Respondent presented a 2005 Ford, VIN


    lFMFUl 7585LA92594 to Compliance Examiner Fernando Guntin for a rebuilt inspection and decal.

  92. On August 27, 2009 Compliance Examiner Guntin attached a rebuilt decal onto the 2005 Ford, VIN lFMFUl 7585LA92594 referenced in paragraph six above.

  93. On July 13, 2010 an inspection of Respondent's location revealed that the 2005 Ford, VIN lFMFUl 7585LA92594 no longer had the rebuilt decal attached.

  94. Based on the foregoing, Respondent violated section 320.27(9)(b)l7, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWENTY-THREE


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

  96. On July 2, 2010, Respondent presented a 2005 Toyota, VIN


    JTKDEl 77450006363 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.


  97. On July 2, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2005 Toyota, VIN JTKDEl 77450006363 referenced in paragraph six above.

  98. On July 13, 2010 an inspection of Respondent's location revealed that the 2005 Toyota, VIN JTKDEl 77450006363 no longer had the rebuilt decal attached.

  99. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWENTY-FOUR


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

  101. On May 7, 2010, Respondent presented a 2006 Acura, VIN 19UUA65526A012791 to Compliance Examiner Mary Logan for a rebuilt inspection and decal.

  102. On May 7, 2010 Compliance Examiner Logan attached a rebuilt decal onto the 2006 Acura, VIN 19UUA65526A012791 referenced in paragraph six above.

  103. On July 13, 2010 an inspection of Respondent's location revealed that the 2006 Acura, VIN 19UUA65526A012791 no longer had the rebuilt decal attached.

  104. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(6), Florida Statutes, by removing a rebuilt decal to conceal the rebuilt status of the vehicle.

    COUNT TWENTY-FIVE


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

  106. On or about February 17, 2010 Monica Anazco purchased a 2006 Dodge, VIN 1D7HE28N26S706681 from Respondent.

  107. On or about August 17, 2007 the vehicle referenced in paragraph one hundred twenty-six above was issued a Rebuilt title.


  108. At the time of the transaction referenced in paragraph one hundred twenty-six above Respondent did not inform Ms. Anazco that the 2006 Dodge, VIN 1D7HE28N26S706681 had a Rebuilt title.

  109. Ms. Anazco was not aware that the 2006 Dodge, VIN 1D7HE28N26S706681 had a Rebuilt title until she received the title on May 1, 2010.

  110. Based on the foregoing, Respondent violated section 320.27(9)(b)l 7, Florida Statutes, through a violation of section 319.14(2), Florida Statutes, by failing to disclose in writing to the purchaser, customer, or transferee prior to the consummation of the sale the fact that the vehicle has been rebuilt.

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


arl 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

Filed in the official records of the Division of Motor Vehicles this$ day of September, 2010.


Copies furnished:


Reny Rivera

Regional Administrator Dealer Licensing

By certified mail to:


Elias Valdez, President Sherlyn Sale Corp.

Post Office Box 420867 Miami, Florida 33242


Docket for Case No: 10-010228
Source:  Florida - Division of Administrative Hearings

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