03-001706 Department Of Highway Safety And Motor Vehicles, Division Of Motor Vehicles vs. Say Ten, Inc., D/B/A Big Daddy`s Auto Status: Closed Recommended Order on Thursday, August 14, 2003.

Summary: Resondent`s motor vehicle dealer`s license revoked for repeatedly failing to keep records required by statute and rule.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HIGHWAY SAFETY )

AND MOTOR VEHICLES, )

DIVISION OF MOTOR VEHICLES, )

)

Petitioner, )

)

vs. ) Case No. 03 - 1706

)

SAY TEN, INC., d/b/a )

BIG DADDY’S AUTO, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for formal hearing on July 9, 2003, in

Jacksonville, Florida, before Suzanne F. Hood, Administrative

Law Judge with the Division of Administrative Hearings.

APPEARANCES

F or Petitioner: Michael J. Alderman, Esquire

Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A432

2900 Apalachee Parkway

Tallahassee, Florida 32399

For Respondent: Kenneth Steven Landers

Officer/Director

433 Safer Lane

Jacksonville, Florida 32211

STATEMENT OF THE ISSUE

The issue is whether Respondent violated Section 320.27,

Florida Statutes, and if so, what administrative penalty should

be imposed.

PRELIMINARY STATEMENT

On or about April 3, 2003, Petiti oner Department of Highway

Safety and Motor Vehicles, Division of Motor Vehicles

(Petitioner) issued an Administrative Complaint against

Respondent Say Ten, Inc. d/b/a Big Daddy's Auto (Respondent).

The twelve - count complaint alleged that Respondent had v iolated

Section 320.27, Florida Statutes, in the following respects:

(a) Count One, failing to have a title or other proof of

ownership for a 1991 Lincoln, which was displayed for sale on

October 10, 2001; (b) Count Two, failing to maintain records to

ver ify sales of vehicles referenced in the temporary tag log on

October 10, 2001; (c) Count Three, failing to keep records

related to proof of purchase, title application, tag and title

issuance, proof of sale and odometer disclosure on October 10,

2001; (d) Count Four, failing to complete information on

temporary tag #D - 872390 and altering/correcting said tag instead

of voiding it; (e) Count Five, failing to possess titles or

other indicia of ownership and having no records to show

application therefore on Ap ril 21, 2002; (f) Count Six, failing

to maintain records to verify the purchase, sale, exchange, or

receipt for the purchase of sale of vehicles and having no

records showing information related to temporary tags, title

transfers, and descriptions of vehic les on April 21, 2002;

(g) Count Seven, failing to possess titles or other indicia of

ownership and having no records to show application therefore on

October 11, 2002; (h) Count Eight, failing to display buyer's

guides on two vehicles on October 11, 2002; (i) Count Nine,

failing to maintain records to verify the purchase, sale,

exchange, or receipt for the purchase of sale of vehicles and

having no records showing information related to temporary tags,

title transfers, and descriptions of vehicles on Octob er 11,

2002; (j) Count Ten, issuing more than two temporary tags to the

same person for the same vehicle; (k) Count Eleven, failing to

timely file an application for a title; and (l) Count Twelve,

failing to provide required information with a renewal

appl ication.

On May 1, 2003, Respondent filed an Election of Rights,

requesting an administrative hearing. Petitioner referred

Respondent's request to the Division of Administrative Hearings

on May 9, 2003.

On May 12, 2003, the Division of Administrative Hearings

issued an Initial Order. On May 23, 2003, Petitioner filed a

Response to Initial Order.

The undersigned issued a Notice of Hearing dated June 5,

2003. The notice scheduled the hearing for July 9, 2003.

On July 1, 2003, Petitioner filed a Mot ion to Strike

Request for Hearing and Return Jurisdiction. During a telephone

conference on July 2, 2003, the undersigned reserved ruling on

the motion pending proof that the Florida Department of State,

Division of Corporations, had reinstated Respondent as an active

corporation.

During the hearing, Respondent again asserted that it had

filed its application for reinstatement of active corporate

status, including sending the Florida Department of State a

certified check.

Petitioner presented the tes timony of three witnesses and

offered one composite exhibit, which was accepted into evidence.

Respondent presented the testimony of one witness and offered

two exhibits, which were accepted into evidence.

The Transcript was filed on July 29, 2003.

On August 8, 2003, Petitioner filed a Notice of Corporate

Status indicating that Respondent's corporate status with the

Florida Department of State is active. Accordingly,

Petitioner's Motion to Strike Request for Hearing and Return

Jurisdiction is hereby d enied.

On August 8, 2003, Petitioner filed a Withdrawal of Counts

of Administrative Complaint. Pursuant to this pleading, Count

Four and Count Twelve of the Administrative Complaint will not

be considered in this Recommended Order.

Petitioner filed a P roposed Recommended Order on August 8,

2003. As of the date of the issuance of this Recommended Order,

Respondent had not filed proposed findings of fact and

conclusions of law.

FINDINGS OF FACT

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.

2. Respondent is, and has been at all times material

hereto, a licensed independent motor vehicle dealer in Florida,

having been issued licen se number VI - 29558. Petitioner issued

the license based upon an application signed by Brenda L.

Johnson, as President. Respondent's address of record is 3707

N. Main Street, Jacksonville, Florida 32206.

3. On or about August 30, 2001, two of Petition er's

compliance examiners conducted an initial records inspection of

Respondent's dealership. The purpose of the initial inspection

was to determine whether the dealership was complying with

statutory and rule requirements. Because the initial inspection

was of an educational nature, it gave the compliance examiners

an opportunity to provide Respondent with guidance in areas that

needed improvement.

4. During the August 30, 2001, inspection, the compliance

examiners found violations of Sections 319.23(6 ), 320.131(7),

320.27(6), 320.27(7), 320.27(9)(b)16, and 320.27(9)(b)17,

Florida Statutes. The compliance examiners also found

violations of Rule 15C - 1.004(3), Florida Administrative Code.

5. Specifically, the August 30, 2001, inspection, included

but was not limited to the following violations: (a) titles on

vehicles not properly filled out; (b) buyer's guides not posted;

(c) no titles to prove ownership on vehicles; (d) no proof of

purchase for one vehicle; (d) titles not transferred within 30

days of sale; and (e) temporary tag log not properly filled out.

6. The compliance examiners discussed the above - referenced

violations with Respondent's general manager, Steve Landers,

advising him that Petitioner would conduct a follow - up

inspection within 60 days. The inspectors also advised

Respondent's president, Barbara Johnson, about the violations

via telephone.

7. On or about October 10, 2001, Petitioner's compliance

examiners conducted the 60 - day follow - up inspection of

Respondent's records. Dur ing this inspection, Respondent did

not provide the examiners with a title or other proof of

ownership for a 1991 Lincoln, Vehicle Identification Number

(VIN) 1LNCM82W0MY78. The Lincoln was parked in an area where

other vehicles were displayed for sale. There is no credible

evidence that the Lincoln was Mr. Lander's personal vehicle.

8. The October 10, 2001, inspection also revealed that

Respondent had issued a total of 50 temporary tags. However,

there were no records to verify the sale of the vehicle s listed

in the temporary tag log.

9. During the October 10, 2001, inspection, the compliance

examiners requested Mr. Landers to take copies of all of

Respondent's records to Petitioner's office in Jacksonville,

Florida, for a continuation of the follow - up inspection. The

examiners also made a request for Mrs. Johnson to accompany

Mr. Landers to the Jacksonville office.

10. On or about October 25, 2001, Petitioner's compliance

examiners conducted the continuation of the 60 - day follow - up

inspection of R espondent's record at the Jacksonville office.

During the inspection, the examiners reviewed a total of 30

motor vehicle records, finding the following violations: (a) no

proof of purchase for 30 vehicles; (b) no documentation

indicating that Respondent had applied for titles for 20

vehicles; (c) no copy of registration for tag and title issuance

documentation on 26 vehicles; and (d) no documentation

indicating the date sold and odometer disclosure for 27

vehicles.

11. On or about August 21, 2002, Pet itioner's compliance

examiners conducted another follow - up records inspection on

Respondent's premises. At that time, Respondent did not have a

title or other proof of ownership for a blue Pontiac Grand Am,

VIN 1G2NE5432NM052548, or a red Dodge Shadow, VI N

1B3XP24D6PN566374, both of which were displayed for sale. There

is no persuasive evidence that Respondent ever had the required

proof of ownership for these vehicles.

12. On August 21, 2002, Respondent's records indicated

that it had sold three vehi cles: (a) a 1985 Ford, VIN

1CLEG25K047; (b) a 1994 Chevrolet, VIN 2C1MR2464R6749435; and

(c) a 1989 Buick, VIN 1G4NJ14D1kM026233. Respondent's records

relating to the purchase and sale of these vehicles were

incomplete. For instance, there was no proof of purchase/sale

for two of the vehicles. Additionally, Respondent did not have

records of the odometer disclosure at the time of purchase or

sale for any of the three vehicles. Finally, Respondent had

issued more than two temporary tags for one vehicle.

13. While the examiners were conducting the August 21,

2002, inspection, Respondent had six vehicles displayed for

sale. None of the vehicles had buyer's guides posted in their

windows.

14. The examiners reviewed Respondent's temporary tag

records on August 21, 2002. They found that several such

records lacked required signatures and VINs.

15. On or about October 11, 2002, Petitioner's compliance

examiners conducted a third follow - up records inspection on

Respondent's premises. At that time, R espondent did not have

title or any other proof of ownership for the following: (a) a

1989 Plymouth, VIN 1P3BA56J8KF504260; (b) a 1992 Toyota, VIN

JT2EL46B8N0@@8549; and a 1988 Toyota, VIN 1NYAE82G4JZZ536776.

Additionally, the 1989 Plymouth and the 1992 Toyota did not have

a buyer's guide properly posted.

16. The review of Respondent's sales records on

October 11, 2002, revealed that Respondent had sold a 1993 Ford,

VIN 1FAPP14JPW130409. However, Respondent did not have proof of

purchase or an odomet er disclosure statement for this vehicle.

17. On October 11, 2002, Respondent's temporary tag

records indicated that it had issued three temporary tags to

L. Smith for the 1993 Ford. Respondent issued these tags on

June 26, July 26, and August 24, 2002.

18. The October 11, 2002, inspection revealed that

Respondent sold the 1993 Ford on June 26, 2002, and applied for

the title on September 5, 2002. Thus, Respondent failed to file

the application for certificate of title by July 26, 2002, or

within 30 d ays of June 26, 2002.

19. At the conclusion of every inspection referenced

above, Petitioner's compliance examiners reviewed the

deficiencies they found with Mr. Landers. They discussed the

statutes and rules that Respondent had violated.

CONCLUSION S OF LAW

20. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of this

proceeding. Sections 120.569, 120.57(1), and 320.27(12),

Florida Statutes.

21. Petitioner has the burden of proving by clear and

conv incing evidence that Respondent violated Section 320.27,

Florida Statutes, as alleged in the Administrative Complaint.

Department of Banking and Finance, Division of Securities and

Investor Protection , 670 So. 2d 932, 934 (Fla. 1996); Ferris v.

Turlington , 510 So. 2d 292, 294 - 295 (Fla. 1987).

22. Section 319.23(6), Florida Statutes, provides in

relevant part as follows:

(6) In the case of the sale of a motor

vehicle or mobile home by a licensed dealer

to a general purchaser, the certificate of

title s hall be obtained in the name of the

purchaser by the dealer upon application

signed by the purchaser, and in each other

case such certificate shall be obtained by

the purchaser. In each case of transfer of

a motor vehicle or mobile home, the

application f or certificate of title, or

corrected certificate, or assignment or

reassignment, shall be filed within 30 days

from the delivery of such motor vehicle or

mobile home to the purchaser. An applicant

shall be required to pay a fee of $10, in

addition to all other fees and penalties

required by law, for failing to file such

application within the specified time. A

licensed dealer need not apply for a

certificate of title for any motor vehicle

or mobile home in stock acquired for stock

purposes except as prov ided in s. 319.225.

23. Section 320.131, Florida Statutes, provides as follows

in relevant part:

(2) The department is authorized to sell

temporary tags, in addition to those listed

above, to their agents and where need is

demonstrated by a consumer co mplainant. . .

Except as specifically provided otherwise, a

temporary tag shall be valid for 30 days,

and no more than two shall be issued to the

same person for the same vehicle.

* * *

(7) Any person authorized by this section

to purchase and issue a temporary tag shall

maintain records as required by this chapter

or departmental rules, and such records

shall be open to inspection by the

department or its agents during reasonable

business hours.

24. Section 320.27, Florida Statutes, provides as f ollows

in pertinent part:

(3) APPLICATION AND FEE. -- The application

for the license shall be in such form as may

be prescribed by the department and shall be

subject to such rules with respect thereto

as may be so prescribed by it. Such

application sha ll be verified by oath or

affirmation and shall contain . . . the

names and places of residence of the

principal officers, if the applicant is a

body corporate or other artificial body; the

name of the state under whose laws the

corporation is organized . . . .

* * *

(6) RECORDS TO BE KEPT BY LICENSEE. -- 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 t he purpose of

sale, of any motor vehicle, the date upon

which any temporary tag was issued, the date

of the title transfer, and a description of

such motor vehicle together with the name

and address of the seller, the purchaser,

and the alleged owner or ot her person from

whom such motor vehicle was purchased or

received or to whom it was sold or

delivered, as the case may be. Such

description shall include the identification

or engine number, maker's number, if any,

chassis number, if any and such other

nu mbers or identification marks as may be

thereon and shall also include a statement

that a number has been obliterated, defaced,

or changed, if such is the fact.

(7) CERTIFICATE OF TITLE REQUIRED. -- For

each used motor vehicle in the possession of

a lice nsee and offered for sale by him or

her, the licensee either 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

delive red 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 certif icate 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. Reasonable indicia of

ownership sha ll include a duly assigned

certificate of title; in the case of a new

motor vehicle, a manufacturer's certificate

of origin issued to or reassigned to the

dealer; a consignment contract between the

owner and the dealer along with a secure

power of attorney from the owner to the

dealer authorizing the dealer to apply for a

duplicate certificate of title and assign

the title on behalf of the owner; a court

order awarding title to the vehicle to the

dealer; a salvage certificate of title; a

photocopy of a duly assigned certificate of

title being held by a financial institution

as collateral for a business loan of money

to the dealer ("floor plan"); a copy of a

canceled check or other documentation

evidencing that an outstanding lien on a

vehicle taken in trade by a licensed dealer

has been satisfied and that the certificate

of title will be, but has not yet been,

received by the dealer; a vehicle purchase

order or installment contract for a specific

vehicle identifying that vehicle as a trade -

in on a replacement vehicle; or a duly

executed odometer disclosure statement as

required by Title IV of the Motor Vehicle

Information and Cost Savings Act of 1972

(Pub. L. No. 92 - 513, as amended by Pub. L.

No. 94 - 364 and Pub. L. No. 100 - 561) and by

49 C.F.R. part 580 bearin g the signatures of

the titled owners of a traded - in vehicle.

* * *

(9) DENIAL, SUSPENSION, OR REVOCATION. --

* * *

(b) The department may deny, suspend, or

revoke any license issued hereunder or under

the provisions of s. 320.77 or s. 320.771

upon proof that a licensee has committed,

with sufficient frequency so as to establish

a pattern of wrongdoing on the part of a

licensee, violations of one or more of the

following activities:

* * *

8. Failure to continually meet the

requirement of the licen sure law.

* * *

16. Willful failure to comply with any

administrative rule adopted by the

department.

17. Violation of chapter 319, this chapter,

or ss. 559.901 - 559.9221, which has to do

with dealing in or repairing motor vehicles

or mobile homes. Ad ditionally, in the case

of used motor vehicles, the willful

violation of the federal law and rule in 15

U.S.C. s. 2304, 16 C.F.R. part 455,

pertaining to the consumer sales window

form.

* * *

(12) CIVIL FINES; PROCEDURE. -- In addition

to the exercise of other powers provided in

the section, the department may levy and

collect a civil fine, in an amount not to

exceed $1,000 for each violation, against

any licensee if it finds that the licensee

has violated any provision of this section .

. . .

25. Rule 15C - 1.004, Florida Administrative Code,

provides as follows in relevant part:

(2) Each temporary tag issued shall be

completed by the issuer by filling in the

information required on such tag in

‘Higgins’ or similar type of waterproof ink.

(3) Issuers shall maintain records of all

temporary tags purchased and all temporary

tags issued, in numerical order, for a

minimum of three years from the date of

issuance of any such tag. Records shall be

maintained so the issuer can account for

each temporary tag purchased. Records of

temporary tags issued shall include the name

and address of the person to whom each

temporary tag is issued, the make and

vehicle identification number of the vehicle

to which the temporary tag is assigned and

the date on which the temporary tag was

issued.

(4) A temporary tag bearing erasures, white

out or corrections is void, regardless of

the reason why such modification is made and

such tag shall be marked ‘VOID’ across the

face. Any temporary tag voided by an issuer

and marke d ‘VOID’ across the face of the tag

shall be maintained as part of the temporary

tag records required hereunder.

26. Rule 15C - 7.002, Florida Administrative Code, provides

as follows in pertinent part:

(3) Each dealer shall establish and

maintain a writ ten record of each vehicle

acquired by and disposed of by him.

* * *

(5) Each dealer shall have either made

application for a certificate of title or a

duplicate certificate of title as require in

Chapter 319, Florida Statutes, or shall have

in his p ossession one of the following

indicia of ownership or proof of right of

possession for each vehicle from the time he

acquires each vehicle until the time he

disposes of each vehicle:

(a) A duly assigned certificate of title,

(b) In the case of a ne w vehicle, a

Manufacturer's Statement of Origin is issued

to or reassigned to the dealer,

(c) A consignment contract between the

owner and the dealer along with a power of

attorney from the owner to the dealer

authorizing the dealer to apply for

duplicate certificate of title and assign

the title on behalf of the owner,

(d) A certificate of right of possession

issued pursuant to s. 319.36, Florida

Statutes,

(e) A court order awarding title of the

vehicle to the dealer,

(f) A salvage certificate of ti tle,

(g) A photocopy of a duly assigned

certificate of title being held by a

financial institution as collateral for a

business loan of money to the dealer (‘floor

plan’), or

(h) A cancelled check or other

documentation evidencing that an outstanding

l ien on a vehicle taken in trade by a

licensed dealer has been satisfied and that

the certificate of title will be but has not

yet been received by the dealer.

(6) Except as otherwise noted below, the

record on each vehicle shall contain the

following d ata elements:

(a) Vehicle identification number or motor

number

(b) Date acquired

(c) Method of acquisition

(d) Name and address of seller

(e) Manufacturer

(f) Year

(g) Model

(h) Odometer disclosure statement upon

acquisition . . .

(i) Pr evious jurisdiction of title

(j) Title number

* * *

(m) Temporary tag numbers

(n) Temporary tag issue dates

(o) Name and address of purchaser

* * *

(s) Date of disposition of vehicle

(t) Method of disposition

(u) Odometer disclosure stateme nt upon

disposition . . .

(v) Date of application for title transfer

* * *

(9) Dealers shall maintain record of

temporary tags purchased and issued. The

record shall be arranged by a listing in

numerical order of each tag purchased and

sold. The re cord shall contain 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 exp iration date.

(10) Under Section 320.27(9), Florida

Statutes . . . the Department is authorized

to deny, suspend or revoke a dealer license

for failure of any dealer to maintain

records in compliance with this rule, or

failure of any dealer to provide to the

Department reasonable access to records

maintained by the dealer, or failure of any

dealer to render to the Department any

requested assistance in accessing,

searching, locating or translating any

record.

27. Rule 15C - 7.003, Florida Administrat ive Code, states as

follows in relevant part:

(3) Applications for Motor Vehicle Dealer's

License

* * *

(c) All applications shall have attached

all documentation and endorsements necessary

to substantiate the applicant's compliance

with the requiremen ts of section 320.27(3),

Florida Statutes, and this rule. Such

documentation or endorsements shall include:

* * *

3. If the dealership is to operate in a

corporate capacity . . . a certificate of

good standing from the state in which the

business is i ncorporated.

28. Dealers offering used vehicles for sale to consumers

are required to prepare, fill in as applicable and display on

such vehicles a "Buyers Guide." 16 C.F.R. Section

455.2(a)(2001).

29. Petitioner has withdrawn the allegations set for th in

Count Four and Count Twelve. However, Petitioner has met its

burden of proving all other allegations in the Administrative

Complaint by clear and convincing evidence.

Count One

30. On October 10, 2001, Respondent violated Sections

320.27(7) an d 320.27(9)(b)17., Florida Statutes, by failing to

have a title or other proof of ownership for a specified vehicle

offered for sale by the dealership.

Count Two

31. On October 10, 2001, Respondent violated Section

320.27(9)(b)16., Florida Statutes, and Rules 15C - 7.002(3) and

15C - 7.002(6), Florida Administrative Code, by failing to

maintain proper written records of vehicles acquired and

disposed of by the dealership. Specifically, Respondent did not

have records to verify the sale of vehicles reference d in the

temporary tag log.

Count Three

32. On October 25, 2001, Respondent violated Sections

320.27(6), 320.27(9)(b)16., and 320.27(9)(b)17., Florida

Statutes, and Rules 15C - 7.002(3) and 15C - 7.002(6), Florida

Administrative Code, by failing to keep the following records

for specified vehicles: (a) proof of purchase; (b) title

application; (c) tag registration and title issuance; (d) date

of sale; and/or (e) odometer disclosure statement.

Count Five

33. On August 21, 2002, Respondent violated Section s

320.27(7) and 320.27(9)(b)17., Florida Statutes, by failing to

have a title or other proof of ownership for specified vehicles,

which were offered for sale by the dealership.

Count Six

34. On August 21, 2002, Respondent violated Sections

320.27(6), 320.27(9)(b)16., and 320.27(9)(b)17., Florida

Statutes, and Rules 15C - 7.002(3) and 15C - 7.002(6), Florida

Administrative Code, by failing to keep the following records

for specified vehicles: (a) proof of purchase/sale;

(b) odometer disclosure statements; and (c) required signatures

and VINs in applications for temporary tags. Additionally,

Respondent had issued more than two temporary tags for one

vehicle. Finally, Respondent did not have buyer's guides

properly posted for six vehicles.

Count Seven

35. On October 11, 2002, Respondent violated Sections

320.27(7) and 320.27(9)(b)17., Florida Statutes, by failing to

have a title or other proof of ownership for specified vehicles.

Count Eight

36. On October 11, 2002, Respondent violated Section

320.27(9 )(b)17., Florida Statutes, by failing to be in

compliance with 16 C.F.R. Section 455.2(a)(2001). Specifically,

Respondent did not have a buyer's guide properly posted for

specified vehicles.

Count Nine

37. On October 11, 2002, Respondent violated Sect ions

320.27(6), 320.27(9)(b)16., and 320.27(9)(b)17., Florida

Statutes, and Rules 15C - 7.002(3) and 15C - 7.002(6), Florida

Administrative Code, by failing to keep the following records

for specified vehicles: (a) proof of purchase; and (b) odometer

disclosu re statement.

Count Ten

38. On October 11, 2002, Respondent violated Sections

320.131(2) and 320.27(9)(b)17., Florida Statutes, by issuing

more than two temporary tags to the same person for the same

vehicle.

Count Eleven

39. On October 11, 2002, R espondent violated Sections

320.23(6) and 320.27(9)(b)17., Florida Statutes, by failing to

timely file an application for certificate of title for a

specified vehicle.

40. Petitioner has grounds for disciplining Respondent

pursuant to Section 320.27(9)(b ), Florida Statutes. Respondent

committed the violations with sufficient frequency to establish

a pattern of wrongdoing. The violations were willful because

Respondent continued to violate the statutes and rules despite

being warned.

41. Respondent h as shown no persuasive evidence of

mitigating circumstances. Therefore, based on Respondent's

repeated violations and failure to take corrective action,

Petitioner should revoke Respondent's motor vehicle dealer's

license.

RECOMMENDATION

Based on the f oregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED:

That Petitioner issue a final order revoking Respondent's

motor vehicle dealer's license.

DONE AND ENTERED this 14th day of August, 2003, in

Tallahassee, Leon County, Florida.

S

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state .fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 14th day of August, 2003.

COPIES FURNISHED :

Michael J. Alderman, Esquire

Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A432

2900 Apalachee Par kway

Tallahassee, Florida 32399

Kenneth Steven Landers

Officer/Director

433 Safer Lane

Jacksonville, Florida 32211

Enoch Jon Whitney, General Counsel

Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway

Tallaha ssee, Florida 32399 - 0500

Carl A. Ford, Director

Division of Motor Vehicles

Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room B - 439

2900 Apalachee Parkway

Tallahassee, Florida 32399 - 0600

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the final order in this case.