Complaint,Petition: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES vs. DESIGN BUILD ENGINEERS AND CONTRACTORS CORP

On June 06, 2017 a Complaint,Petition was filed involving a dispute between Department Of Highway Safety And Motor Vehicles, and Design Build Engineers And Contractors Corp, for CA - Other in the District Court of Orange County.

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Filing #57383502 E-Filed 06/06/2017 03:24:24 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA

CASE NO.:

DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,

Petitioner,

Vv.

DESIGN BUILD ENGINEERS & CONTRACTOR, CORP.

Respondent.
/

VERIFIED COMPLAINT FOR
FINAL ORDER OF FORECLOSURE

COMES NOW, Petitioner, State of Florida, Department of Highway Safety

and Motor Vehicles (the “Department”), by and through its undersigned attorneys,

and files this Verified Complaint for Final Order of Foreclosure, and says:

1 Petitioner, acting through its Division of Florida Highway Patrol, is a

law enforcement agency, and is charged with enforcing the commercial motor

vehicle regulations contained in Sections 316.516, 316.545, 316.550, 316.302,

316.3025, and 316.3026, Florida Statutes, as well as the rules contained in Chapter

15B of the Florida Administrative Code, including Rules 15B-15.0011, 15B-

15.0012, and 15B-15.002, which govern the assessment of penalties for violations
found during compliance reviews, the payment of penalties, and the detaining and

impounding of commercial motor vehicles.

2 This is an action for foreclosure of a commercial motor vehicle

pursuant to Sections 316.3025 and 316.545, Florida Statutes. Jurisdiction is in this

Court pursuant to Sections 316.3025 and 316.545, Florida Statutes. Section

316.545, Florida Statutes, provides that, “Whenever any person violates the

provisions of this chapter and becomes indebted to the state because of such

violation in the amounts aforesaid and refuses to pay said penalty, in addition to

the provisions of Section 316.3026, such penalty shall become a lien upon the

motor vehicle, and the same may be foreclosed by the state in a court of equity.”

Further, Section 26.012(2)(c), Florida Statutes, provides that the circuit courts shall

have exclusive original jurisdiction in all cases in equity.

| A description of the property that is the subject of this action is as

follows:

1993 GMC C7000
VIN: 1GDM7H1J8PJ511734
and
2005 Anderson Trailer
(VIN unknown)
(hereinafter, the “Vehicle”)

4 On September 17, 2016, Trooper Kevin Nelms of the Florida

Highway Patrol was on routine patrol on SR 429 southbound at mile marker 16,
and conducted a traffic stop on the Vehicle for failure to display a license tag on

the trailer.

5 Trooper Nelms made contact with the driver who was identified as

Mack Campbell, Jr. by his Florida commercial driver license (CDL).

6 Trooper Nelms advised Mr. Campbell that he was stopped for not

having a tag displayed on the trailer.

7
Mr. Campbell advised Trooper Nelms that he was driving the Vehicle

for Design Build Engineers and Contractors, Corp. He further stated that he was

not an employee of the company but was just doing a favor to help someone out

and to make some extra money.

8 Trooper Nelms asked Mr. Campbell for the registration for the

Vehicle and Mr. Campbell stated that the vehicle he was following would have that

information.

9 Mr. Campbell had been following a pickup truck with two males

inside.

10. The driver of the pickup truck advised that all information regarding

the truck should be in the truck. He further advised that the tag for the trailer might

be at their office in Tampa.
11. Trooper Nelms ran the tag of the truck through FCIC/NCIC to verify

if the truck had a valid registration. The report came back that the tag had been

expired since December 31, 2013.

12. Trooper Nelms informed Mr. Campbell that the tag was expired.

13. Pursuant to Section 316.545(2)(b), when the license plate and

registration on a commercial vehicle are expired, the maximum amount of weight

permitted for the Vehicle is 10,000 Ibs.

14. Trooper Nelms informed Mr. Campbell that he would be weighing the

Vehicle and conducting a Commercial Vehicle Safety Alliance (CVSA) inspection

of the vehicle.

15. During the course of the inspection, Trooper Nelms noted several

violations, such as:

License plate and registration expiration;
Excessive weight violation;
Left, inside tire flat;
Fuel tank leaking on left side;
Breakaway not connected to power unit;
Safety chains not crossed as required;
No tag displayed on trailer;
No proof of insurance;
Left head lamp inoperable, and
Left stop lamp inoperable.

16. Additionally, Trooper Nelms discovered there were three previous

citations that were still unpaid:
a. Citation #33548 in the amount of $1,870.00 on April 11, 2013;
b. Citation #48624 in the amount of $100.00 on May 21, 2013, and
c. Citation #39800 in the amount of $292.00 on June 10, 2013.

17. The total weight of the Vehicle was 34,600 Ibs., which is 24,600 Ibs.

over the allowed weight of 10,000 Ibs.

18. The penalty assessed for this violation was $1,230.00.

7 Petitioner has conducted a reasonably diligent search for all owners

that may have an interest in the subject property, and such search has revealed that

the following person or entity is the titleholder, registered owner of the Vehicle,

and has standing to challenge the foreclosure of the Vehicle:

DESIGN BUILD ENGINEERS & CONTRACTORS, CORP.
c/o Michael Thompson, Registered Agent
4401 Vineland Road, Suite A6
Orlando, FL 32811

20. This Complaint hereby adopts and incorporates by reference the facts

as alleged in the Offense Report attached as (Exhibit A), and it also adopts and

incorporates by reference the Verification Affidavit executed by Trooper Kevin

Nelms, which is attached to this Verified Complaint as (Exhibit B).

21. As of the filing of the instant Complaint, the owner has refused to pay

the penalties assessed on April 11, 2013, May 21, 2013, June 10, 2013 and

September 17, 2016. As provided in Sections 316.545 and 316.3025, Florida

Statutes, such penalty shall become a lien upon the motor vehicle, and the same
may be foreclosed by the state in a civil action in any court of this state. It shall be

presumed that the owner of the motor vehicle is liable for the sum, and the vehicle

may be detained or impounded until the penalty is paid.

WHEREFORE, Petitioner demands judgment foreclosing its lien and

respectfully requests that this Court issue a Final Order of Foreclosure.

Dated on this 6" day of June, 2017.

Respectfully submitted,

CHRISTIE S. UTT
General Counsel

/S/ Ashley
G. Radke.
ASHLEY A. RADKO
Assistant General Counsel
Florida Bar No.: 96486
Attorney for Petitioner
Department of Highway Safety
and Motor Vehicles
5023 53” Ave., East
Bradenton, FL 34203
AshleyRadko@flhsmv.gov
MarianneAllen@flhsmv.gov
FHP Offense Report
a FLORIDA HIGHWAY PATROL SUPPLEMENT NUMBER
P.O. BOX 613069 OCOEE, FL 34761
MILE POST 263 Offense Report
Fripoteorro90611 asyiria016 02:02 PM M348 SEIZURE MADE - MISOEMEANOR
[Escernal
Case Reference Nunber
ORCE
18 AD100000 9/17/2016 12:59
PM to 00/47/2086 12:39 PM
LOCATION OF OCCURRENCE
cay,
Toaation Category
Raz088 MMi6 , WINTER GARDEN, FL. 34787 [5 20.5860 [WH S.000
Other non-residence aT ea Condition
Non-residence [Roapsiog None
"Weather fCiesr
Cloudy (Fog Ren (Snow Hail Hotter (Unknown
PERSON: SUSPECT.
Rage — AMPBELL Sr [Re bik| 8
S20 42TH AVE TAMPA
Teg wa Parson Tre [800s
[DDarestes [awentea
ioyer
[i =
Master Business Index Nomar

BUSINESS: OTHER
BEgTgN'Buito ENGINEERS & CONTR (Conieer (Parsony [Phone Nonbor
[SOT 4316856,
= por
$200 VINELAND RO 250 [eRtanwo
TRUCK: BUSINESS VEHICLE / IMPOUNDED VEHICLE
ic en
GDM7H1J8PJ511734 ies [Gite ‘6 itkown
at
BE Tans
Vehicle Towed [ati Ffowed
[iE canven
TRAILER: BUSINESS VEHICLE / IMPOUNDED VEHICLE
it**HorRe [HOvin ids [ANDERSEN creae_Llifwown ce ER)

DESIGN GUILD ENGINEERS & CONTR
INITIAL NARRATIVE: 09/18/2016 12:38 AM
Reportng Officer [Approving Supervisor
“Mor [em NeLs [Fooroaperagno1s Oo
== meee
On 09/17/2016 at approx 1:14 PM | stopped vehicle for having no tag displayed on trailer. 1 stopped vehicle just on
SR 429 south bound at mile marker 16 just within the main line toll plaza. ! made contact with the driver advised
him that ! had stopped him for not having a tag displayed on the trailer. The driver Mack Cook ur. identified with FL
CDL advised me that he was driving the vehicle for Design Build Engineers and Contractor. He said that he is not
an employee he was asked as a favor to drive the vehicle and to make some extra money to help out. When | asked
the driver for registration for vehicle he informed me that the vehicle he was following would have that information.
Mr. Cook was following a pickup truck with two white males in the vehicle. The driver of the pickup advised me that
all the information should be in the truck and that the tag for the trailer was possible at there office in Tampa. |
asked the driver of the pick up for the name of the company they worked for. He told me that they work for Design
Bulid Engineers & contractor. After | received the documentation that | could for the vehicle, iran the tag through
FCICINCIC to verify if vehicle had a valid registration. Once ! ran that information the tag cai me back expired since
12/31/2013. t informed driver that the tag was expired and that | would be weighing vehicle plus conducting a CVSA
inspection on the vehicle. During my inspection | noted several violations and some were out of service violations
which is listed on inspection report # FL3196004802. During my inspection I tried to find a VIN on the trailer but was
unseccessful the only information that 1 could find was the make. | also check hot list to make sure there wasn't
any unpaid fines. During that check | found 3 citation's that are unpaid. The citation's are fisted below:

UCC # 33548 $1,870.00
UCC # 48642 $100.00
UCC # 39800 $292.00

| gave Mr. Campbell this information and informed him that the carrier had 1 hour to Pay fine. | told him if
the carrier
is unable to pay fine within the time the vehicle will be seized until payment is made. The driver called the carrier
and he informed the carrier of the fines. | also spoke to the carrier, so | could give them more detail of the citations
Offense Report
IBIT Page 1 of 2
FipbieorFosoets rive or02 PM M34S_ SE@URE MADE - MISDEMEANOR:
oRGCrecaDr05900, feartvr2016 12:89 PAA fo 09/17/2016 12:39 PMA
outstanding. | verified the address we had on file and they sald Its correct. | gave the carrier the allotted time to pay
but they were unsuccessful In paying fines, so the vehicle was towed by Car Store and it is being stored at there
location. After | completed my Inspection | went over the Inspection report. | issued UCC # 283328 $1,230.00 and
issued driver UTC for the expired tag greater than 6 months.

REPORTING OFFICER / SUPERVISOR APPROVAL
Raparting Gitar —t ‘Raproving Superinor
1107, [e®. newus: C371 [issar. T.D. FLICKINGER
[Signanero
Sgt. Thomas D. Flickinger

Offense Raport Page
2 of 2
VERIFICATION AFFIDAVIT

ORDA
COUNTY OF
STATE OF FLORIDA

BEFORE ME, the undersigned authority, personally appeared Trooper

Kevin Nelms, who, after being duly sworn and cautioned, under oath, deposes and

says:

1 I am a Trooper with the Florida Highway Patrol.

2 I attest that the facts and statements in the foregoing Verified

Complaint and Exhibits A and B are true and correct and hereby incorporate the

facts given in the foregoing Verified Complaint and Exhibits A and B by reference.

ZS
TROOPER-KEVIN NELMS
Florida Highway Patrol

c
Sworn to and subscribed before me this ——?
GG day of June, 2017.

Ane
Signature
ARZE
Be
Amos Banking a
Print Name

(Please check one) NOTARY PUBLIC or
% SWORN LAW ENFORCEMENT OFFICER
x
(Please check one) PERSONALLY KNOWN TO ME.
PRODUCED IDENTIFICATION;
ID Produced:

[BIT

Case Info

Judge

John Marshall Kest Track Judge’s New Case

Case No.

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Document Filed Date

June 06, 2017

Case Filing Date

June 06, 2017

County

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