STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTORIST SERVICES, Petitioner, Case No.: MS-13-490 License No.: VI-1003864 v. CHANEY’S USED CARS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motorist Services, files this Administrative Complaint against Chaney’s Used Cars, Inc., 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 Rule 28-106.2015, Florida Administrative Code. 2. 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-1003864, based upon the application identifying Gerald Chaney as President. The address of record is 1500 US 27 South, Avon Park, Florida 33825. 3. 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. 4. Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida Administrative Code, require dealers to maintain specific written records of each vehicle acquired and disposed of by the dealership including but not limited to a written copy of each odometer disclosure statement received when a vehicle is acquired and each odometer disclosure statement issued by him upon disposing of each vehicle. 5. Section 319.225(4), Florida Statutes, states in part that “upon transfer or reassignment of a certificate of title to a used motor vehicle, the transferor shall complete the odometer disclosure statement provided for by this section and the transferee shall acknowledge the disclosure by signing and printing his or her name in the spaces provided.” 6. Section 320.27(7), Florida Statutes, 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.” 7. 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. 8. Section 319.22(5), Florida Statutes, states that it is illegal to transfer title to a motor vehicle when the purchaser’s name does not appear on the title. 9. Section 319.33(1)(e), 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. 10. Section 319.33(1)(a), Florida Statutes, states in part that it is unlawful to alter or forge any certificate of title to a motor vehicle. 11. Section 320.02(5)(a), Florida Statutes, states in part that an affidavit containing the name of the insured’s insurance company, and the insured’s policy number shall be provided at the time of application for registration of any motor vehicle. 12. Section 320.08, Florida Statutes, provides the amount of license taxes for the operation of motor vehicles. 13. Section 319.28(2)(b), Florida Statutes, states in part “Any lienholder who has repossessed a vehicle in this state in compliance with the provisions of this section must apply...for a certificate of repossession...” 14. Section 320.131, Florida Statutes, provides for the use of temporary tags. 15. Section 319.23(7)(b), Florida Statutes, provides that a certificate of title may not be issued unless a motor vehicle registration has been obtained. COUNT ONE 16. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 17. © Onor about July 22, 2010, Compliance Examiner Nancy Drao conducted a records inspection of Respondent’s dealership. 18. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 vehicles Respondent had for sale. Compliance Examiner Drao found that Respondent had not completed an odometer statement for 16 of the 20 vehicles displayed for sale, as listed in the Dealer Records Inspection Report. 19. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.225(4), Florida Statutes, by failing to complete the odometer disclosure statement upon transfer or reassignment of a certificate of title to a used motor vehicle. COUNT TWO 20. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and four, above. 21. At the time of the inspection referenced in paragraph 17, above, Compliance Examiner Drao examined the records of 20 vehicles Respondent had for sale. Compliance Examiner Drao found that Respondent did not have the odometer disclosure statement for 16 of the 20 vehicles displayed for sale, as listed in the Dealer Records Inspection Report. 22. Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership. COUNT THREE 23. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 24. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 vehicles Respondent had displayed for sale. Compliance Examiner Drao found that 17 of the 20 vehicles displayed for sale did not have duly assigned certificate of titles from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319, as listed in the Dealer Records Inspection Report. 25. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. COUNT FOUR 26. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and five, above. 27. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales and found that Respondent had not completed an odometer statement for 19 of the 20 purchases and sales, as listed in the Dealer Records Inspection Report. 28. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.225(4), Florida Statutes, by failing to complete the odometer disclosure statement upon transfer or reassignment of a certificate of title to a used motor vehicle. COUNT FIVE 29. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and four, above. 30. At the time of the inspection referenced in paragraph 17, above, Compliance Examiner Drao examined the records of 20 purchases and sales found that Respondent did not have the odometer disclosure statement for 19 of the 20 purchases and sales, as listed in the Dealer Records Inspection Report. 31. | Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership COUNT SIX 32. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and six, above. 33. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that at the time of sale for 17 of the vehicle records inspected, Respondent did not have duly assigned certificate of titles from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319, as listed in the Dealer Records Inspection Report. 34. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. COUNT SEVEN 35. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and eight, above. 36. At the time of the inspection reference in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent had in his possession titles without the purchaser’s name appearing on the title for 15 of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 37. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.22(5), Florida Statutes, by having in his possession titles to motor vehicles without the purchaser’s name appearing on the title. COUNT EIGHT 38. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and nine, above. 39. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent had made false statements on applications by showing a different acquired date on the application for title than the actual acquired date on five of the 20 title applications, as listed in the Dealer Records Inspection Report. 40. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(e), Florida Statutes, by making a false statement on an application. COUNT NINE 41. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and ten, above. 42. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent had made false statements on certificate of titles by using a false acquired date on the certificate of titles on ten of 20 certificates of titles, as listed in the Dealer Records Inspection Report. 43. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(a), Florida Statutes by altering or forging any certificate of title. COUNT TEN 44 Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and eleven, above. 45. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent did not have proof of insurance from the consumer before issuing a temporary tag on 17 of 20 of the purchases and sales records inspected, as listed in the Dealer Records Inspection Report. 46. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.02(5)(a), Florida Statutes, by failing to obtain proof of insurance from the consumer before issuing a temporary tag. COUNT ELEVEN 47. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above. 48. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent had failed to file the application for certificate of title within 30 days on one of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 49. _ 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 50. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and twelve, above. 51. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent overcharged consumers for title and registration transfer fees on 13 of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 52. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 320.08, Florida Statutes, by overcharging consumers title and registration transfer fees. COUNT THIRTEEN 53. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen above. 54. At the time of the inspection referenced in paragraph 17 above, Compliance Examiner Drao examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Drao found that Respondent did not obtain a certificate of repossession on five of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 55. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. COUNT FOURTEEN 56. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 57. | Onor about June 8, 2011, Compliance Officer Sara Lambert conducted a records inspection of Respondent’s dealership. 58. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that at the time of sale, on 14 of the vehicle records inspected, Respondent did not have duly assigned certificate of titles from the owners in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of 10 possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319, as listed in the Dealer Records Inspection Report. 59. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. COUNT FIFTEEN 60. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and nine, above. 61. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent had made false statements on applications for title by showing a different acquired date on the application for title than the actual acquired date on two of the 20 title applications, as listed in the Dealer Records Inspection Report. 62. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(e), Florida Statutes, by making a false statement on an application. COUNT SIXTEEN 63. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and ten, above. 11 64. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent had made false statements on certificate of titles by using a false acquired date on the certificate of titles on nine of 20 certificates of titles, as listed in the Dealer Records Inspection Report. 65. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(a), Florida Statutes, by altering or forging any certificate of title. COUNT SEVENTEEN 66. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and eleven, above. 67. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert found that Respondent did not have proof of insurance from the consumer before issuing a temporary tag on seven of the 20 purchases and sales records inspected, as listed in the Dealer Records Inspection Report. 68. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.02(5)(a), Florida Statutes, by failing to obtain proof of insurance from the consumer before issuing a temporary tag. COUNT EIGHTEEN 69. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above. 70. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent had failed to file the application for 12 certificate of title within 30 days on eight of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 71. 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 NINETEEN 72. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and twelve, above. 73. Atthe time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent overcharged consumers for title and registration transfer fees on 14 of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 74. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 320.08, Florida Statutes, by overcharging consumers title and registration transfer fees. COUNT TWENTY 75. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen, above. 76. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent did not obtain a certificate of repossession on one of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 13 77. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. COUNT TWENTY-ONE 78. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and five, above. 79. Atthe time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent had not completed an odometer statement for 17 of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 80. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.225(4), Florida Statutes, by failing to complete the odometer disclosure statement upon transfer or reassignment of a certificate of title to a used motor vehicle. COUNT TWENTY-TWO 81. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and four, above. 82. At the time of the inspection referenced in paragraph 57, above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent did not have the complete sale and purchase record for all 20 of the vehicle records inspected, as listed in the Dealer Records Inspection Report. 83. Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida 14 Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership. COUNT TWENTY-THREE 84. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and four, above. 85. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent unlawfully issued temporary tags on three of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 86. Respondent completed the application for title and stated in the application “The vehicle identified will not be operated on the streets and highways of this state until properly registered.” 87. Temporary tags should not have been issued on these three vehicles since the vehicles would not be operated on the streets and highways of this state. 88. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.131, Florida Statutes, by unlawfully issuing temporary tags. COUNT TWENTY-FOUR 89. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and fifteen, above. 90. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert examined the records of 20 purchases and sales Respondent had conducted. Compliance Examiner Lambert found that Respondent failed to apply for a motor vehicle 15 registration for one of the 20 vehicle records inspected, as listed in the Dealer Records Inspection Report. 91. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.23(7)(b), Florida Statutes, by not applying for a motor vehicle registration. COUNT TWENTY-FIVE 92. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and four, above. 93. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert inspected Respondent’s temporary tag log. 94. Compliance Examiner Lambert found that Respondent did not have records for 17 pre-printed temporary tags he had issued. 95. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(6), Florida Statutes, and violated Rules 15C- 7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership COUNT TWENTY-SIX 96. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above. 97. At the time of the inspection referenced in paragraph 57 above, Compliance Examiner Lambert inspected Respondent’s title transfer report for titles that had been transferred since January 1, 2011. 98. The title transfer report, referenced in paragraph 97 above, showed that Respondent had transferred 284 titles since January 1, 2011. 16 99. Of the 284 titles transferred, Respondent had failed to file the application for certificate of title within 30 days on all 284 of the vehicle records inspected. 100. 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 TWENTY-SEVEN 101. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen, above. 102. Onor about July 30, 2009, Adlin Bellus purchased a 2003 Ford, VIN 1FTNW20P53EB43420, from Respondent. 103. On or about February 3, 2010, Respondent repossessed the 2003 Ford, VIN 1FTNW20P53EB43420, from Adlin Bellus for failure to make payments. 104. On or about March 22, 2010, Respondent sold the 2003 Ford, VIN 1FTNW20P53EB43420, to another customer without obtaining a certificate of repossession. 105. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. COUNT TWENTY-EIGHT 106. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, teo, and six, above. 107. On or about March 22, 2010, Nancy Juarez purchased the 2003 Ford, VIN 1FTNW20P53EB43420, referenced in paragraph 102 above. 108. At the time of the transaction referenced in paragraph 107 above, Respondent did not have a duly assigned certificate of title from the owner in accordance with the provisions of 17 chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. 109. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. COUNT TWENTY-NINE 110. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen, above. 111. On or about October 23, 2009, Tonya Gibson purchased a 2000 Cadillac, VIN 1GYEK13R9YR104083, from Respondent. 112. On or about March 13, 2010, Respondent repossessed the 2000 Cadillac, VIN IGYEK13R9YR104083, from Tonya Gibson for failure to make payments. 113. On or about May 8, 2010, Respondent sold the 2000 Cadillac, VIN 1GYEK13R9YR104083, to another customer without obtaining a certificate of repossession. 114. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. 18 COUNT THIRTY 115. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 116. On or about May 8, 2010, Daniel Sanchez-Carmona purchased the 2000 Cadillac, VIN 1GYEK13R9YR104083, referenced in paragraph 111 above from Respondent. 117. At the time of the transaction referenced in paragraph 116 above, Respondent did not have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. 118. On or about, May 21, 2010, Respondent obtained the certificate of repossession, which was 13 days after the transaction referenced in paragraph 116 above. 119. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. COUNT THIRTY-ONE 120. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen, above. 121. On or about January 29, 2010, Katrara Hearns purchased a 2006 Chrysler, VIN 2C3KA53G76H383343, from Respondent. 122. On or about September 1, 2010, Respondent repossessed the 2006 Chrysler, VIN 2C3KA53G76H383343, from Katrara Hearns for failure to make payments. 123. On or about October 18, 2010, Respondent sold the 2006 Chrysler, VIN 2C3KA53G76H383343, to another customer without obtaining a certificate of repossession. 124. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. COUNT THIRTY-TWO 125. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 126. On or about October 18, 2010, Veronica Rosales purchased the 2006 Chrysler, VIN 2C3KA53G76H383343, referenced in paragraph 121 above from Respondent. 127. At the time of the transaction referenced in paragraph 126 above, Respondent did not have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. 128. Onor about, November 8, 2010, Respondent obtained the certificate of repossession, which was 21 days after the transaction referenced in paragraph 126 above. 129. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners in accordance with the 20 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. COUNT THIRTY-THREE 130. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and seven, above. 131. On or about October 30, 2010, Erick Bloomfield purchased a 2004 Ford, VIN 1FTPW14514KC08634, from Respondent. 132. Onor about October 30, 2010, Erick Bloomfield and Respondent signed the Buyers Order and Respondent delivered the 2004 Ford, VIN 1FTPW14514KC08634, to Mr. Bloomfield. 133. Respondent failed to file the application for certificate of title by November 20, 2010, or within 30 days of October 30, 2010. 134. On or about December 6, 2010, Respondent filed the application for certificate of title for the 2004 Ford, VIN 1FTPW14514KC08634, which was seven days after the statutorily required timeframe. 135. 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 THIRTY-FOUR 136. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen, above. 21 137. On or about February 15, 2010, Jacqueline Faulk purchased a 2006 Ford, VIN 1FMPU15535LA05756, from Respondent. 138. On or about August 17, 2010, Respondent repossessed the 2006 Ford, VIN 1FMPU15535LA05756, from Jacqueline Faulk for failure to make payments. 139. On or about October 16, 2010, Respondent sold the 2006 Ford, VIN 1FMPU15535LA05756, to another customer without obtaining a certificate of repossession. 140. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. COUNT THIRTY-FIVE 141. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 142. On or about October 16, 2010, Linda Aubain purchased the 2006 Ford, VIN 1FMPU15535LA05756, referenced in paragraph 137 above from Respondent. 143. At the time of the transaction referenced in paragraph 142 above, Respondent did not have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. 144. Onor about November 17, 2010, Respondent obtained the certificate of repossession, which was 32 days after the transaction referenced in paragraph 142 above. 145. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners in accordance with the 22 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. COUNT THIRTY-SIX 146. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and nine, above. 147. At the time of the transaction referenced in paragraph 144 above, Respondent indicated on the Application for Certificate of Title With/Without Registration that the acquired date of the vehicle was September 17, 2010. 148. The actual acquired date of the vehicle was August 17, 2010. 149. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(e), Florida Statutes, by making a false statement on an application. COUNT THIRTY-SEVEN 150. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and thirteen, above. 151. Onor about February 10, 2010, Respondent repossessed a 2003 Chevrolet, VIN 1GNET16S036108574 from Jenny Poblano. 152. Respondent did not obtain a certificate of repossession for the 2003 Chevrolet, VIN 1GNET16S036108574. 23 153. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.28(2)(b), Florida Statutes, by failing to apply for a certificate of repossession. COUNT THIRTY-EIGHT 154. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 155. Onor about May 22, 2010, Jean Sermeil purchased the 2003 Chevrolet, VIN 1GNET16S036108574, referenced in paragraph 151 above, from Respondent. 156. Respondent sold the 2003 Chevrolet, VIN 1GNET16S036108574, to Ms. Sermeil without obtaining a certificate of repossession. 157. At the time of the transaction referenced in paragraph 142 above, Respondent did not have a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319. 158. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. 24 COUNT THIRTY-NINE 159. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and seven, above. 160. Onor about March 5, 2011, Dionne Long purchased a 2006 Dodge, VIN 2B3KA43R86H364227, from Respondent. 161. Onor about March 5, 2011, Dionne Long and Respondent signed the Buyers Order and Respondent delivered the 2006 Dodge, VIN 2B3KA43R86H364227, to Ms. Long. 162. Respondent failed to file the application for certificate of title by April 4, 2011, or within 30 days of March 5, 2011. 163. On or about April 19, 2011, Respondent filed the application for certificate of title for the 2006 Dodge, VIN 2B3KA43R86H364227, which was 15 days after the statutorily required timeframe. 164. 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 FORTY 165. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and seven, above. 166. Onor about March 19, 2011, Yolanda Rentas purchased a 2006 Volkswagen, VIN WVWDR71K26W 144297, from Respondent. 167. On or about March 19, 2011, Yolanda Rentas and Respondent signed the Buyers Order and Respondent delivered the 2006 Volkswagen, VIN WV WDR71K26W144297, to Ms. Rentas. 25 168. Respondent failed to file the application for certificate of title by April 18, 2011, or within 30 days of March 19, 2011. 169. As of the filing of this Administrative Complaint Respondent has not filed the application for certificate of title for the 2006 Volkswagen, VIN WVWDR71K26W1 44297. 170. 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 FORTY-ONE 171. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and five, above. 172. On or about November 29, 2012, Compliance Examiner Debbie Avery conducted a records inspection of Respondent’s dealership. 173. At the time of the inspection referenced in paragraph 172 above, Compliance Examiner Avery examined the records of 10 vehicles Respondent had displayed for sale. Compliance Examiner Avery found that Respondent had not completed an odometer statement for all 10 of the vehicles displayed for sale, as listed in the Dealer Records Inspection Report. 174. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.225(4), Florida Statutes, by failing to complete the odometer disclosure statement upon transfer or reassignment of a certificate of title to a used motor vehicle. COUNT FORTY-TWO 175. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 26 176. At the time of the inspection referenced in paragraph 172 above, Compliance Examiner Avery examined the records of 10 vehicles Respondent had displayed for sale. Compliance Examiner Avery found that 10 of the vehicles did not have duly assigned certificate of titles from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319, as listed in the Dealer Records Inspection Report. 177. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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, COUNT FORTY-THREE 178. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and four, above. 179. At the time of the inspection referenced in paragraph 172, above, Compliance Examiner Avery examined the records of 10 vehicles Respondent had displayed for sale and found that Respondent did not have the complete sale and purchase record for all 10 of the vehicle records inspected, as listed in the Dealer Records Inspection Report. 180. Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida 27 Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership. COUNT FORTY-FOUR 181. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and five, above. 182. At the time of the inspection referenced in paragraph 172 above, Compliance Examiner Avery examined the records of 10 purchases and sales conducted by Respondent. Compliance Examiner Avery found that Respondent had not completed an odometer statement for all 10 of the vehicle records inspected, as listed in the Dealer Records Inspection Report. 183. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.225(4), Florida Statutes, by failing to complete the odometer disclosure statement upon transfer or reassignment of a certificate of title to a used motor vehicle. COUNT FORTY-FIVE 184. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 185. At the time of the inspection referenced in paragraph 172 above, Compliance Examiner Avery examined the records of 10 purchases and sales Respondent had conducted. Compliance Examiner Avery found that at the time of sale for 3 of the vehicle records inspected Respondent did not have duly assigned certificate of titles from the owner in accordance with the provisions of chapter 319 or reasonable indicia of ownership or right of possession, or made proper application for a certificate of title or duplicate certificate of title in accordance with the provisions of chapter 319, as listed in the Dealer Records Inspection Report. 28 186. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by not having in his or her possession or control duly assigned certificates of title from the owners 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. COUNT FORTY-SIX 187. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above. 188. At the time of the inspection referenced in paragraph 172 above, Compliance Examiner Avery examined the records of 10 purchases and sales Respondent had conducted. Compliance Examiner Avery found that Respondent had failed to file the application for certificate of title within 30 days on all 10 of the vehicle records inspected, as listed in the Dealer Records Inspection Report. 189. 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 FORTY-SEVEN 190. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and twelve, above. 191. At the time of the inspection referenced in paragraph 172 above, Compliance Examiner Avery examined the records of 10 purchases and sales Respondent had conducted. 29 Compliance Examiner Avery found that Respondent overcharged consumers for title and registration transfer fees on eight of the vehicle records inspected, as listed in the Dealer Records Inspection Report. 192. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 320.08, Florida Statutes, by overcharging consumers title and registration transfer fees. COUNT FORTY-EIGHT 193. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and four, above. 194. At the time of the inspection referenced in paragraph 172, above, Compliance Examiner Avery examined the records of 10 purchases and sales Respondent had conducted. Compliance Examiner Avery found that Respondent did not have the complete sale and purchase record for seven of the 10 vehicle records inspected, as listed in the Dealer Records Inspection Report. 195. Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership 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 30 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. 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 Motorist Services Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present 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 General Counsel by checking the appropriate space, marked as “1” on the Election of Rights form, and ensuring that 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 General Counsel 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 that the Office of the General Counsel 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 General Counsel 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 that no email address was provided in your license application(s), regular US mail will be utilized. If you provided the Department with 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. 31 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. DSV:jde Copies furnished: Tia eee Dennis S. Valente Assistant General Counsel Florida Bar # 344818 Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A430 Tallahassee, Florida 32399 Telephone: (850) 617-3006 E-mail: dennisvalente@flhsmv.gov Filed in the official records of the Division gf Motorist Services this ay of May, 2013. Dianne McGowan Regional Administrator Dealer Licensing By certified mail to: Gerald Chaney, President Chaney’s Used Cars, Inc. 1500 US 27 South Avon Park, Florida 33825 Ww N STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES Chaneys Used Cars, Inc. Case No.: MS-13-490 ELECTION OF RIGHTS I have read the Administrative Complaint filed in this matter and understand my options. (If you do not understand these options, please consult with your attorney before signing this form). 1. (6) I admit the allegations of fact in the Administrative Complaint and wish to be accorded a hearing pursuant to section 120.57(2), Florida Statutes. I understand that I will be permitted to challenge the conclusions of law or submit oral and/or written evidence in mitigation of the complaint to the Hearing Officer for the Division of Motorist Services; 2. () I dispute the following allegations of fact in the Administrative Complaint: (attach additional pages if necessary) and request this to be considered a petition for an evidentiary hearing pursuant to section 120.57(1), Florida Statutes, before an Administrative Law Judge appointed by the Division of Administrative Hearings. Date signed Gerald Chaney, President Chaney’s Used Cars, Inc. Respondent PLEASE MAIL FORM TO: Office of the General Counsel Department of Highway Safety & Motor Vehicles 2900 Apalachee Parkway, Room A430, MS-61 Tallahassee, Florida 32399

Docket for Case No: 13-002116

Orders for Case No: 13-002116