Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motorist Services, files this Administrative Complaint against Tanos Auto Sales, Inc., 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 VI-1018995, based upon the application identifying Ismail Osman as President. The address of record is 8954 South US Highway 441, Suite B, Ocala, Florida 34480.
Section 320.27(3), Florida Statutes, requires that motor vehicle dealers keep and maintain books, records, and files necessary to conduct such business, which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees.
Section 320.27(6), Florida Statutes, requires that every licensee shall keep a book or record in such form as shall be prescribed or approved by the department, in which the licensee shall keep a record of the purchase, sale or exchange, or receipt for the purpose of sale, of any motor vehicle, the date upon which any temporary tag was issued, the date of title transfer, and the description of such motor vehicle together with the name and address of the seller, the purchaser, and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered, as the case may be.
Rule 15C-7.002(9), Florida Administrative Code, requires dealers to maintain records of temporary tags purchased and issued including the tag number, the date purchased, the name of the party from whom purchased, the date sold, the name of the party to whom it was sold, the vehicle identification number of the vehicle for which it was issued, the issue date and the expiration date.
Rule 15C-7.002(10), Florida Administrative Code, states in part that the Department is authorized to deny, suspend or revoke a dealer license for failure of any dealer to render to the Department any requested assistance in accessing, searching, locating or translating any record.
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.
Sections 319.32 and 320.08, Florida Statutes, provide the amount of license taxes and fees for the operation of motor vehicles.
Section 319.33, Florida Statutes states that it is unlawful to make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application.
COUNT ONE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above.
On or about June 13, 2012, Compliance Examiner Michael Shoemaker conducted a records inspection of Respondent dealership.
At the time of the inspection referenced in paragraph nine above, Compliance
Examiner Shoemaker attempted to examine the records of the 18 dealer tags that Respondent had purchased.
Respondent only produced three of the 18 dealer tags and was unable to account for the remaining 15 dealer tags.
Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of Rule 15C-7.002(9), Florida Administrative Code, by failing to maintain accurate written records.
COUNTTWO
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above.
On or about August 24, 2012, the Department requested that Respondent provide a list of his current vehicle inventory for review along with all dealer tags.
On or about September 13, 2012, Respondent refused to provide a list of his current vehicle inventory and refused to provide all dealer tags.
As of the signing of this Administrative Complaint, Respondent has not provided the requested information.
Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida
Statutes, through a violation of rule lSC-7.002(10), Florida Administrative Code, by failing to render to the Department any requested assistance in accessing, searching, locating or translating any record.
COUNT THREE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above.
On or about September 26, 2012, the Department requested Respondent to provide all original dealer files, deal jackets, etc., a list of all dealership bona fide employees,, a list of all pre-printed temporary tags issued, all dealer tags and a list of current vehicle inventory.
On or about October 8, 2012, Respondent refused to provide the requested records stating "the statues you have sent me does not apply to my dealership... "
As of the signing of this Administrative Complaint, Respondent has not provided the requested information.
Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of rule lSC-7.002(10), Florida Administrative Code, by failing to render to the Department any requested assistance in accessing, searching, locating or translating any record.
COUNT FOUR
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above.
On or about September 14, 2012, the Department ran a Sales Transaction Report of all sales transaction Respondent conducted for the period of January 1, 2012 through September 14, 2012.
The Sales Transaction Report referenced in paragraph 26 above indicated that
Respondent had transacted 80 sales.
Of the 80 sales transacted, Respondent failed to timely file the application for certificate of title on 18 of transactions.
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 FIVE
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and eight, above.
A review of the 18 sales transaction referenced in paragraph 26 above indicated that Respondent overcharged the consumers for title and registration transfer fees on 13 of the 18 transactions.
Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of sections 319.32 and 320.08, Florida Statutes, by overcharging consumers title and registration transfer fees.
COUNT SIX
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and nine, above.
On or about July 24, 2012, Brianna Blanton purchased a 1999 Volkswagen, VIN 3VWSA29M2XM038101, from Ismail Osman, individually.
At the time of the transaction referenced in paragraph 34 above Respondent filed
an Application for VehicleNessel Certificate of Title in the name of Brianna Alexis Blanton or Ismail Osman with tag U28ANK, issued to Ismail Osman.
On or about July 24, 2012, Ismail Osman then filed a second Application for
VehicleNessel Certificate of Title and removed his name from the title and tag BGWG65 was issued to Ms. Blanton.
Respondent's actions circumvented Florida licensing laws in order to assist Ms.
Blanton in avoiding payment of the new registration fees.
Based on the foregoing Respondent violated section 320.27(9)(b)l7, Florida Statutes through a violation of section 319.33(l)(e), Florida Statutes, by making a false statement
on an application.
COUNT SEVEN
Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and nine, above.
On or about July 18, 2012, Ebrahim Mamsa purchased a 1992 Mercedes, VIN WDBFA66E9NF045745, from Ismail Osman, individually.
At the time of the transaction referenced in paragraph 40 above Respondent filed an Application for VehicleNessel Certificate of Title in the name of Ebrahim H. Mamsa or Ismail Osman with tag Q200JB, issued to Ismail Osman.
On or about July 20, 2012, Ismail Osman then filed a second Application for VehicleNessel Certificate of Title and removed his name from the title and tag BGWG49 was issued to Mr. Mamsa.
Respondent's actions circumvented Florida licensing laws in order to assist Mr.
Mamsa in avoiding payment of the new registration fees.
Based on the foregoing Respondent violated section 320.27(9)(b)l 7, Florida Statutes through a violation of section 319.33(l)(e), Florida Statutes, by making a false statement on an application.
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 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 that the Department receives it within 21 days.
