Recommendation Based on the foregoing, Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Respondent, Department of Highway Safety and Motor Vehicles, enter a Final Order dismissing Bob Sapp's Oldsmobile- GMC, Inc. petition/complaint in protest of the establishment of the proposed new dealership. Respondent, Department of Highway Safety and Motor Vehicles grant to Petitioner, Ferman Oldsmobile of Brandon, Inc., a license to operate an Oldsmobile dealership in Brandon, Hillsborough County, Florida upon compliance with other licensing requirements as required by Respondent, Department of Highway Safety and Motor Vehicles. DONE and ENTERED this 26th day of February, 1992, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26 day of February, 1992. COPIES FURNISHED: DEAN BUNCH ESQ CABANISS BURKE & WAGNER 851 E PARK AVE TALLAHASSEE FL 32301 EDWARD RISKO ESQ GENERAL MOTORS CORPORATION OFFICE OF GENERAL COUNSEL NEW CENTER ONE BLDG 3031 W GRAND BLVD DETROIT MI 48202 DANIEL MYERS ESQ WALTER E FOREHAND ESQ MYERS AND FOREHAND 402 N OFFICE PLAZA DR - STE B TALLAHASSEE FL 32301 MICHAEL J ALDERMAN ESQ ASST GENERAL COUNSEL DEPT OF HIGHWAY SAFETY & MOTOR VEHICLES A432 NEIL KIRKMAN BLDG TALLAHASSEE FL 32399 0500 ENOCH JON WHITNEY ESQ GENERAL COUNSEL DEPT OF HIGHWAY SAFETY & MOTOR VEHICLES NEIL KIRKMAN BLDG TALLAHASSEE FL 32399 0500 CHARLES J BRANTLEY-DIRECTOR DIVISION OF MOTOR VEHICLES DEPT OF HIGHWAY SAFETY & MOTOR VEHICLES NEIL KIRKMAN BLDG TALLAHASSEE FL 32399 0500
The Issue The issue is whether respondent should have an administrative fine levied against him for allegedly performing repossesions without a Class "E" repossessor license.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: On May 15, 1990, Charlotte County deputy sheriff Terry Harbes was dispatched to Maple Leaf Estates in response to a "domestic call". Upon arriving at the subdivision, deputy Harbes found a white male, George Guy, lying on the ground in an incoherent state and bleeding from the face. Guy had been assaulted by respondent, Richard Vee Collier. According to Collier's admission at the scene of the incident, Collier was in the process of repossessing Guy's step van when the assault occurred. Collier further acknowleged that he did not hold a repossessor license issued by petitioner, Department of State, Division of Licensing (Division). This latter admission was confirmed by Division records which show that Collier does not hold a repossessor license, a prerequisite to engaging in the trade of repossessing motor vehicles. Testimony of Arthur D. Morgan, former manager of Time Motor Sales in Charlotte Harbor, Florida, established that Collier worked as an independent contractor for Time Motor Sales during the period from March 23, 1990, through May 15, 1990. During that time period, Collier repossessed nine motor vehicles and was paid fifty dollars per vehicle for his services. It may be reasonably inferred from the evidence that such repossessions occurred as a result of the owners' default in payment for such motor vehicles to the lienholder.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty of violating Subsection 493.319(1)(g), Florida Statutes (1989), and that he pay a $1,000 administrative fine within such a time period as is specified in the final order rendered in this matter. DONE and ENTERED this 29th day of November, 1990, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of November, 1990. COPIES FURNISHED: Henri C. Cawthon, Esquire Division of Licensing The Capitol, M.S. 4 Tallahassee, FL 32399-0250 Mr. Richard Vee Collier 2204 Alton Road Port Charlotte, FL 33952
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Thomas P. Crapps, Administrative Law Judge of the Division of Administrative Hearings. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED and ADJUDGED that Respondent, Lee Auto Group, Inc., be granted a license to sell motorcycles manufactured by Astronautic Bashan Motorcycle manufacturer Co. Ltd. (BASH) at 8181 Mainline Parkway, Fort Myers (Lee County), Florida 33912, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Filed September 24, 2012 9:17 AM Division of Administrative Hearings DONE AND ORDERED this 3 ( day of September, 2012, in Tallahassee, Leon County, Florida. ulie Baker, Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this o | day of September, 2012. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jc Copies furnished: Meiredith Huang Peace Industry Group (USA), Inc. 6600 B Jimmy Carter Boulevard Norcross, Georgia 30071 Kyle A. Lee Lee Auto Group, Inc. 8181 Mainline Parkway Fort Myers, Florida 33912 Chauncey Solinger Ride Green, Inc. 5686 Youngquist Road Fort Myers, Florida 33912 Thomas P. Crapps Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by June C. McKinney, Administrative Law Judge of the Division of Administrative Hearings, pursuant to the Petitioner’s Notice of Voluntary Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED Filed May 26, 2011 8:54 AM Division of Administrative Hearings DONE AND ORDERED this 23 day of May, 2011, in Tallahassee, Leon County, Florida. . Lambert, Interim Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A435, MS 80 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this JS day of May, 2011. fos . Nalini Vinayak, Dea! Administrator NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. SCL:vlg Copies furnished: J. Andrew Bertron, Esquire Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32303 Heather Zawol General Motors LLC 100 Renaissance Center M/C 482-A07-C66 Detroit, Michigan 48265 June C. McKinney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
The Issue Whether Petitioner's request for arbitration by the Florida New Motor Vehicle Arbitration Board pursuant to Chapter 681, Florida Statutes, should be denied on the ground that the request was not timely filed with the Department of Agriculture and Consumer Services, Division of Consumer Services (hereinafter referred to as the "Department")?
Findings Of Fact Based upon the evidence adduced at hearing, the factual stipulations into which the parties have entered, and the record as a whole, the following Findings of Fact are made: Petitioner purchased the motor vehicle that is the subject of the instant controversy, a 1991 Mitsubishi Eclipse, on May 23, 1991, from King Mitsubishi, a Mitsubishi dealership located in Lighthouse Point, Florida (hereinafter referred to as the "Dealership"). Various problems developed with the vehicle which Petitioner reported to the Dealership, but the Dealership was unable to rectify within 18 months of the date of purchase. During this 18-month time frame Petitioner drove the vehicle less than 24,000 miles. Several of the problems that Petitioner reported during the first 18 months of her ownership of the vehicle still persist today. In June or July of 1993, Petitioner began considering the possibility of seeking arbitration under the State of Florida's "Lemon Law." To find out more about her rights, she obtained from a friend, and reviewed, a Florida state government publication on the "Lemon Law." In September of 1993, Petitioner sent a completed Motor Vehicle Defect Notification form to the Dealership requesting that it "make a final attempt to correct the . . . reported . . defects." On November 12, 1993, Petitioner brought the vehicle to the Dealership for such repairs to be made. When she picked up the vehicle five days later, she discovered that the defects she had reported had not been remedied. Dissatisfied with these results, Petitioner telephoned the Department and asked to be sent a Request for Arbitration form. She received the form on November 29, 1993. Petitioner then proceeded to gather the documentation that she needed to fill out the form. After gathering this documentation, Petitioner telephoned the Department a second time because she had some questions regarding certain items on the form. Her questions having been answered by the Department representative to whom she spoke, Petitioner completed the form and, on December 2, 1993, mailed the completed form to the Department. The Department received the completed form on December 6, 1993. At no time did Petitioner, a layperson acting without the benefit of legal counsel, ever intend to forfeit her right to request arbitration under Chapter 681, Florida Statutes. She was not under the impression, nor did the Department representatives to whom she spoke give her reason to believe, that if she failed to file her request for arbitration on or before November 23, 1993, her inaction would be deemed a waiver of her right to request arbitration under Chapter 681, Florida Statutes.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order finding Petitioner's request for arbitration to have been timely filed and therefore not subject to dismissal on the ground of untimely filing. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 11th day of May, 1994. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of May, 1994. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 94-0755 The following are the Hearing Officer's specific rulings on the "findings of facts" proposed by the parties in their post-hearing submittals: Petitioner's Proposed Findings Accepted and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order.. Not incorporated in this Recommended Order because it would add only unnecessary detail to the factual findings made by the Hearing Officer. Accepted and incorporated in substance. 4-5. Rejected as findings of fact because they are more in the nature of conclusions of law. 6-7. Accepted and incorporated in substance. Rejected as a finding of fact because it is more in the nature of a summary of evidence adduced at hearing than a finding of fact based upon such evidence. First sentence: Rejected as a finding of fact because it is more in the nature of a summary of testimony adduced at hearing than a finding of fact based upon such testimony; Second sentence: Accepted and incorporated in substance. Rejected as a finding of fact because it is more in the nature of a summary of testimony adduced at hearing than a finding of fact based upon such testimony. The Department's Proposed Findings 1-4. Accepted and incorporated in substance COPIES FURNISHED: Robert Feldman, Esquire Berman & Feldman 2424 Northeast 22nd Street Pompano Beach, Florida 33062-3099 Barbara Edwards, Esquire Department of Agriculture and Consumer Services 515 Mayo Building 2002 Old St. Augustine Road, B-12 Tallahassee, Florida 32399-0800 Honorable Bob Crawford, Commissioner Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810
