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ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Prestige Motorcar Gallery, Inc. d/b/a Prestige Infiniti, 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-1002301, based upon the application identifying Graig M. Hornsby as President. The address of record is 3355 Capital Circle Northeast, Tallahassee, Florida 32308.
Section 320.27(9)(a)3, Florida Statutes provides that the department may deny, suspend, or revoke any license for failure to honor a bank draft or check given to a motor vehicle
Filed April 13, 2011 2:25 PM Division of Administrative Hearings
dealer for the purchase of a motor vehicle by another motor vehicle dealer within 10 days after notification that the bank draft or check has been dishonored.
Section 319.23(6)(a), 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 320.131(2), Florida Statutes, provides that no more than two temporary
tags shall be issued to the same person for the same vehicle.
COUNT ONE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above.
On or about November 30, 2010, Niello Infiniti filed a complaint against Respondent, regarding a check they received from Respondent that was dishonored.
On or about September 23, 2010, Respondent purchased a 2010 Infiniti ZX56 from Niello Infiniti for the amount of $54,145.00 for resale by Respondent.
On or about November 21, 2010, Respondent was notified that the check had been dishonored and payment was requested.
11 Respondent did not honor the check given to Niello Infiniti by December 1, 2010, or within ten (10) days after notification that the check was dishonored.
As of the filing of this Administrative Complaint Respondent has only reimbursed Niello Infiniti $20,500.00.
Based on the foregoing, Respondent violated 320.27(9)(a)3, Florida Statutes, by failing to honor checks given to a motor vehicle dealer for the purchase of motor vehicles by another motor vehicle dealer within ten (10) days after notification that the checks were dishonored.
COUNT TWO
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and four above.
On or about October 29, 2010, Betty Leichus purchased a 2011 Infiniti, VIN JN8AZ2NE9B9002150, from Respondent.
On October 29, 2010, Betty Leichus and Respondent signed the Bill of Sale and Respondent delivered the 2011 Infiniti, VIN JN8AZ2NE9B9002150, to Ms. Leichus.
Respondent failed to file the application for certificate of title by November 28, 2010, or within 30 days of October 29, 2010.
As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2011 Infiniti, VIN JN8AZ2NE9B9002150.
Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), 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.
On or about November 1, 2010, Robert Perry purchased a 2000 Infiniti, VIN 5N3AA08DX8N903959, from Respondent.
On November 1, 2010, Robert Perry and Respondent signed the Bill of Sale and Respondent delivered the 2000 Infiniti, VIN 5N3AA08DX8N903959, to Mr. Perry.
Respondent failed to file the application for certificate of title by December 1, 2010, or within 30 days of November 1, 2010.
As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2000 Infiniti, VIN 5N3AA08DX8N903959.
Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle.
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and five above.
As part of the transaction referenced in paragraph twenty-one above, Mr. Perry traded in a 2006 Jeep, VIN 1J8HG58226C200220, with an outstanding lien in the amount of
$22,764.26.
Respondent failed to satisfy the outstanding lien on the 2006 Jeep, VIN 1J8HG58226C200220 by November 15, 2010, or within 10 working days of November 1, 2010.
On or about December 6, 2010, Respondent satisfied the outstanding lien for the 2006 Jeep, VIN 1J8HG58226C200220, which was 13 days after the statutorily required timeframe.
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 timely satisfy an outstanding lien.
COUNT FIVE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and four above.
On October 22, 2010, Lanika Moore purchased a 2004 Infiniti, VIN JNKCV51E34M111807, from Respondent.
On October 22, 2010, Lanika Moore signed the Bill of Sale and Respondent delivered the 2004 Infiniti, VIN JNKCV51E34Ml 11807, to Ms. Moore.
Respondent failed to file the application for certificate of title by November 21, 2010, or within 30 days of October 22, 2010.
On or about December 2, 2010, Respondent filed the application for certificate of title for the 2004 Infiniti, VIN JNKCV51E34M111807, which was 11 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 3l 9.23(6)(a), 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 four above.
On November 20, 2010, Michael Humphrey purchased a 2011 Infiniti, VIN JN8AZ2NF7B9501201, from Respondent.
39 On November 20, 2010, Michael Humphrey and Respondent signed the Bill of Sale and Respondent delivered the 2011 Infiniti, VIN JN8AZ2NF7B9501201, to Mr. Humphrey.
Respondent failed to file the application for certificate of title by December 20, 2010, or within 30 days of November 20, 2010.
As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2011 Infiniti, VIN JN8AZ2NF7B9501201.
Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle.
COUNT SEVEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and four above.
On July 26, 2010, Karl Lester purchased a 2004 Mercedes, VIN WDBKK65F44F299707, from Respondent.
On July 26, 2010, Karl Lester and Respondent signed the Bill of Sale and Respondent delivered the 2004 Mercedes, VIN WDBKK65F44F299707, to Mr. Lester.
Respondent failed to file the application for certificate of title by August 25, 2010, or within 30 days of July 26, 2010.
On or about September 24, 2010, Respondent filed the application for certificate of title for the 2004 Mercedes, VIN WDBKK65F44F299707, which was 30 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)(a), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle.
COUNT EIGHT
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and four above.
On November 26, 2010, Rosalyn Davis purchased a 2006 Jeep, VIN 1J8HG58226C200220, from Respondent.
On November 26, 2010, Rosalyn Davis and Respondent signed the Bill of Sale and Respondent delivered the 2006 Jeep, VIN 1J8HG58226C200220, to Ms. Davis.
Respondent failed to file the application for certificate of title by December 26, 2010, or within 30 days of November 26, 2010.
As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2006 Jeep, VIN 1J8HG58226C200220.
Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), 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 four above.
On July 3, 2010, Sharon Rawlings purchased a 2007 Infiniti, VIN JNKBV61E77M709971, from Respondent.
On July 3, 2010, Sharon Rawlings and Respondent signed the Bill of Sale and Respondent delivered the 2007 Infiniti, VIN JNKBV61E77M709971, to Ms. Rawlings.
Respondent failed to file the application for certificate of title by August 2, 2010, or within 30 days of July 3, 2010.
On or about August 26, 2010, Respondent filed the application for certificate of title for the 2007 lnfiniti, VIN JNKBV61E77M709971, which was 24 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)(a), 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 six above.
As part of the transaction referenced in paragraph fifty-six above, Respondent issued three temporary tags to Ms. Rawlings for the 2007 Infiniti, VIN JNKBV61E77M709971 as follows: AJH5015 issued July 3, 2010; AJT4699 issued August 2, 2010; and AJT7522 issued August 3, 2010.
Based on the foregoing, Respondent violated section 320.27(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.
COUNT ELEVEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and four above.
On November 17, 2010, Traneisha Galloway purchased a 2009 Toyota, VIN 4T1BE46K09U887501, from Respondent.
On November 17, 2010, Traneisha Galloway and Respondent signed the Bill of Sale and Respondent delivered the 2009 Toyota, VIN 4T1BE46K09U887501, to Ms. Galloway.
Respondent failed to file the application for certificate of title by December 17, 2010, or within 30 days of November 17, 2010.
On or about January 12, 2011, Respondent filed the application for certificate of title for the 2009 Toyota, VIN 4T1BE46K09U887501, which was 25 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)(a), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle.
COUNT TWELVE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and four above.
On September 25, 2010, Christy Stone purchased a 2007 Saturn, VIN 5GZCZ53407S874831, from Respondent.
On September 25, 2010, Christy Stone and Respondent signed the Bill of Sale and Respondent delivered the 2007 Saturn, VIN 5GZCZ53407S874831, to Ms. Stone.
Respondent failed to file the application for certificate of title by October 25, 2010, or within 30 days of September 25, 2010.
On or about December 2, 2010, Respondent filed the application for certificate of title for the 2007 Saturn, VIN 5GZCZ53407S874831, which was 38 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)(a), 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 four above.
On September 24, 2010, Robert Brandewie purchased a 2010 Infiniti, VIN JN1CV6FE3AM354712, from Respondent.
On September 24, 2010, Robert Brandewie and Respondent signed the Bill of Sale and Respondent delivered the 2010 Infiniti, VIN JN1CV6FE3AM354712, to Mr. Brandewie.
Respondent failed to file the application for certificate of title by October 24, 2010, or within 30 days of September 24, 2010.
On or about November 5, 2010, Respondent filed the application for certificate of title for the 2010 Infiniti, VIN JN1CV6FE3AM354712, which was 12 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)(a), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle.
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and five above.
On July 10, 2010, Donald Powers, Jr. purchased a 2011 Infiniti, VIN JN1BY1APXBM322758, from Respondent.
As part of the transaction referenced in paragraph eighty-three above, Mr. Powers traded in a 2007 BMW, VIN 4USBU577LX03163, with an outstanding lien in the amount of
$8,250.00.
Respondent failed to satisfy the outstanding lien on the 2007 BMW, VIN
4USBU577LX03163 by July 23, 2010, or within 10 working days of July 10, 2010.
On or about August 13, 2010, Respondent satisfied the outstanding lien for the 2007 BMW, VIN 4USBU577LX03163, which was 14 days after the statutorily required timeframe.
Based on the foregoing, Respondent violated sections 320.27(9)(b)l 7, Florida Statutes, through a violation of section 3l 9.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien.
COUNT FIFTEEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and five above.
On July 8, 2010, Tonya and William McDaniel purchased a 2010 Infiniti, VIN 5N3ZA0NF0AN903421, from Respondent.
As part of the transaction referenced in paragraph eighty-nine above, Mr. and Mrs. McDaniel traded in a 2007 Hummer, VIN 5GRGN23U07H104007, with an outstanding lien in the amount of $26,985.15.
Respondent failed to satisfy the outstanding lien on the 2007 Hummer VIN 5GRGN23U07H104007 by July 22, 2010, or within 10 working days of July 8, 2010.
On or about July 29, 2010, Respondent satisfied the outstanding lien for the 2007 Hummer, VIN 5GRGN23U07Hl04007, which was 5 days after the statutorily required timeframe.
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 timely satisfy an outstanding lien.
COUNT SIXTEEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and five above.
On October 11, 2010, William Hannan purchased a 2010 Infiniti, VIN JN1CV6AP7 AM203140, from Respondent.
As part of the transaction referenced in paragraph ninety-five above, Mr. Hannan traded in a 2008 Nissan, VIN JN1BZ34E48M752460, with an outstanding lien in the amount of
$18,500.00.
Respondent failed to satisfy the outstanding lien on the 2008 Nissan, VIN JN1BZ34E48M752460 by October 25, 2010, or within 10 working days of October 11, 2010.
On or about December 21, 2010, Respondent satisfied the outstanding lien for the 2008 Nissan, VIN JN1BZ34E48M752460, which was 38 days after the statutorily required timeframe.
Based on the foregoing, Respondent violated sections 320.27(9)(b)l7, Florida Statutes, through a violation of section 319.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien.
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 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.
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.
ed..
Sandra C. Lambert, Interim Director
Division of Motor Vehicles Department of Highway Safety and Motor Vehicles
Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600
SCL/jdc
Copies furnished: Regional Administrator Dealer Licensing
Filed in the official records of the Division of Motor Vehicles
L
this day of February, 2011.
By certified mail to:
Graig M. Hornsby, President Prestige Motorcar Gallery, Inc. 3355 Capital Circle Northeast Tallahassee, Florida 32308
| Issue Date | Proceedings |
|---|---|
| Jul. 26, 2011 | Final Order filed. |
| Jul. 11, 2011 | Order Relinquishing Jurisdiction and Closing File. CASE CLOSED. |
| Jul. 11, 2011 | Voluntary Dismissal of Administrative Complaint and Motion to Relinquish Jurisdiction filed. |
| May 16, 2011 | Order (on notice of withdrawal of Bass Sox Mercer as counsel for Defendant). |
| May 12, 2011 | Order of Pre-hearing Instructions. |
| May 12, 2011 | Notice of Hearing (hearing set for July 12, 2011; 9:30 a.m.; Tallahassee, FL). |
| Apr. 29, 2011 | Response to Initial Order filed. |
| Apr. 21, 2011 | Notice of Withdrawal of Bass Sox Mercer as Counsel for Defendant filed. |
| Apr. 21, 2011 | Suggestion of Bankruptcy filed. |
| Apr. 14, 2011 | Initial Order. |
| Apr. 13, 2011 | Agency referral filed. |
| Apr. 13, 2011 | Request for Administrative Hearing filed. |
| Apr. 13, 2011 | Administrative Complaint filed. |
