se at cos . - a [oe Ww . ps STATE OF FLORIDA DIVISION OF AGRICULTURE AND CONSUMER SERVICES i DEPARTMENT OF AGRICULTURE (oO “ge AND CONSUMER SERVICES, O O -f 4 Petitioner, . vs. FDACS NO.: 2000-0080 “ds MOTOR VEHICLE REPAIR SHOP ee ne ee REGISTRATION NO. MV- 37093 - WILLIAM J. LOUBERTI, SR. dib/a CITY AUTO WORKS — Respondent. . / ADMINISTRATIVE COMPLAINT Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, files this administrative complaint against Respondent, WILLIAM J. LOUBERTI, SR. d/b/a CITY AUTO WORKS and alleges as follows: GENERAL ALLEGATIONS | . ! we 1. Petitioner, :, DEPARTMENT OF F AGRICULTURE AND CONSUMER SERVICES | : | (hereafter DEPARTMENT), i is an agency of the State of Florida with the authority to enforce the , ‘provisions of Sections 55 9.901-55 9.9221, Florida Statutes cited as the “Florida Motor Vehicle Repair Act”. ; ; 2. ; Respondent, WILLIAM J. LOUBERTI, SR. d/b/a CITY AUTO WORKS, is located at 1401 Broadway, Riviera Beach, Florida. a“ 3. WILLIAM J. LOUBERTI, SR. d/b/a CITY AUTO WORKS is a motor vehicle repair shop as defined by Section 559. 903(7), Florida Statutes. Page 1 of 9 i pie aeeeee pipe apt amen geet gee ee, norte a a a eal a i WW ed 4. WILLIAM J. LOUBERTI, SR. d/b/a CITY AUTO WORKS is currently registered with the Department as a motor vehicle repair shop pursuant to Section 559.904, Florida Statutes. The registration number is MV-37093. 5. WILLIAM J. LOUBERTI, SR. d/b/a CITY AUTO WORKS is currently doing business as a motor vehicle repair shop. 6. Section 559.921(4), Florida Statutes (1999), authorizes the Department to impose penalties, which may include the imposition of a fine not to exceed $1,000 per violation for each act which constitutes a violation, revoking or suspending a registration, probation, or other penalties if the Department finds a motor vehicle repair shop has, among other acts, violated any provision of the Florida Motor Vehicle Repair Act. SPECIFIC ALLEGATIONS OF VIOLATIONS COUNT 1 Repairs related to 1989 Oldsmobile 88 sedan VIN# IG3HN54C811819276 7. On January 11, 2000, at approximately 9:00 A.M., Mr. John Denny, Master Mechanic, _ Florida Department of Agriculture and Consumer Services, examined a 1989 Oldsmobile 88 sedan VINE IG3HNS54C811819276, which is the property of the Florida Highway Patrol on loan to the Office of Agricultural Law Enforcement. On that date and at that time, he examined the ‘electrical charging system of the vehicle. Mr. Denny then mechanically tested the system and s and Verified that the system was functioning ~ Pro) tly. He also determined that all connections of the charging system were secure and the serpentine belt driving the alternator ¥ was in n excellent condition and secure. 8. At approximately 9: 30AM 0 on the same date, Allen Hobbs, Investigator, Florida Department of ‘Agriculture and Consumer Services, drove the vehicle to City Auto Works which Page: 2 of 9 We nd is located at 1401 Broadway in Riviera Beach, Florida . Posing as a customer Allen Hobbs asked for a check of the vehicles brakes. Allen Hobbs was advised by William J. Louberti, Sr., that this procedure would take approximately 1 hour. Allen Hobbs told William J. Louberti, Sr., he would call in 1 hour and left the business. At approximately 10: 00AM, on January 11, 2000, Allen Hobbs telephoned City Auto Works at which time he was advised by William J. Louberti, Sr,. that the brake system was operating properly. 9. Allen-Hobbs then asked William J. Louberti, Sr., to check the vehicle's electrical charging system. At approximately 11:00 A.M., Allen Hobbs called City Auto Works and spoke to "Neil" . who was later identified as the manager of the business. Neil advised Allen Hobbs that the alternator on the vehicle was not functioning properly and was in need of replacement. Allen Hobbs authorized this repair. . 10. At approximately 3:45PM, January 11, 2000, Allen Hobbs called City Auto Works and was advised by Neil that the vehicle was ready te to be picked up. Neil stated to Allen Hobbs that the total charge for the repairs was $200.34, Neil also stated that the serpentine belt anda headlight bulb had been replaced. Allen Hobbs arrived at City Auto works at approximately — 4:30PM, January 11, 2000, at which time he paid a total of $200.00. 11. . After picking up the vehicle, Allen Hobbs returmed it to John Denny at which time John Denny re-examined the charging system and determined that the alternator had been replaced. 12. The motor vehicle’s original alternator, previously examined by John Denny, was functioning properly and was not in need of repair or replacement. 13. CITY AUTO WORKS and its employees violated the following provisions of the Florida Motor Vehicle Repair Act: , Page 3 of 9 Ete ale IRR ang 9 sili deco re soe oon le / ed a. Misrepresented that céttain parts and repairs were necessary to repair a motor vehicle in violation of Section 559.920(4), F.S. : b. Made oral statements which were untrue, deceptive, or misleading and which were known tobe untrue, deceptive, or ‘misleading in violation of Section 559.920(8), FES. ¢. Wiilfully departed from or disregarded accepted practices and professional standards in violation of Section 559.920(13), F.S. d. - Respondent’s acts constituted theft, fraud or misrepresentation in violation of Section 559.920(17), F.S. . _ COUNT Il Repairs related to 1992 Buick Skylark, VIN HIGANJSANSNC649567 14. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 15. On February 10, 2000, Officer Suzette Mistretta and Allen Davis, employees of the Florida Department of Agriculture and Consumer Services, met with Mr. John Denny. On that date, Mr. Denny examined a 1992 Buick Skylark, VIN#H1G4NI54N8NC649567, which is the property of the Florida Highway Patrol and which is on loan to the Office of Agricultural Law ‘Enforcement. Mr. Denny verified t that the electrical charging system Vi was functioning properly. 16. At approximately 1: 15 A. M. on n the same e date, Officer Mistretta drove the vehicle to cry AUTO WORKS. “Posing as a customer, she spoke to William Louberti and asked that the en be ck ecked. She was advised that this procedure would take -half hours. At that time, Officer Mistretta told Mr. Louberti that she would leave the vehicle and call back. Page 4 of 9 see gempe = oie eet va ae S 17. At approximately 1:00 P.M. on the same date, Officer Mistretta telephoned CITY. AUTO WORKS, and spoke to Mr. oubert. S ¢ was advised that the alternator was not functioning properly and required replacement. 18. Officer Mistretta authorized the repair and was advised the vehicle would be ready in 45 minutes. 19. Officer Mistretta returned to CITY AUTO WORKS, at approximately 2:30 P.M. on the same date to pick up the vehicle At that time and date, she paid. a total of $180.00 for the . replaced alternator, 20. After picking up the vehicle, Officer Mistretta returned to Mr. John Denny at which time he re-examined the charging system and determined that the alternator had been replaced. 21. . The motor vehicle s original alternator, » Previously examined d by I John Denny, was functioning Properly: and was not i in need ofr repair or replacement, 22. CITY AUTO WORKS and its employees violated the following provisions of the Florida Motor Vehicle Repair Act: | . . a. _Misrepresented that certain parts and repairs were e necessary to repair a motor vehicle in violation of Section 359. 920(4), F, S. b. Made oral statements which ¥ were untrue. e, deceptive or misleading and which ‘wore k known to be untrue, deceptive, or misleading in violation of Section 558. 92068), F s. ed practices and professional | Section 559, 920117, F 8. Page Sof 9 Seca dike okint anand canines sak dadh da aten a aa Sap, &, ae a : 16 & pny PROPOSED AGENCY ACTION Go A Pp Tans oy 2 : WHEREFORE, Respondents are re hereby notified that the serach scullize, / 1 and Consumer Services intends to enter a Final Order for one or more of the follow (A) revocation of Registration ‘Number MV- 37093. (B) _ Suspending the registration. (C) - directing that the motor vehicle repair shop cease and desist specified a activities. () ~- an administrative fine i in an amount of $1, 000. 00 for each act which constitutes a violation, for a total of $8,000. . NOTICE OF RIGHTS "YOU HAVE THE RIGHT, UNDER SECTION 120.57. FLORIDA STATUTES TO _ CONTEST THE CHARGES THAT HAVE BEEN ALLEGED IN THIS ADMINISTRATIVE COMPLAINT. PLEASE REFER TO THE ATTACHED TWO ’ PAGE NOTICE OF RIGHTS. YOU HAVE THE RIGHT TO ASK FOR A HEARING IMMEDIATELY AND NOT WAIT 21 DAYS TO REQUEST THE HEARING, _ Dated this 27’ __ day of _4 VAT , 2000. - BOB CRAWFORD Page 6 of 9 an 7 Yo -16@ FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTICE OF i RIGHTS AND HEARING REQUEST “Hearing Availability: : “You have the right to to contest the Department’ s determination sabyt timely — : ‘Tequesting an informal hearing. An informal hearing is available whether or not material facts are in dispute. In lieu of an informal hearing you may request a formal hearing if and only if you can show a dispute as to a material fact or facts of the Department’s determination. Mediation pursuant to Section 120.573, Florida Statutes, is not available. Informal Hearing: Ati an informal hearing y you will be afforded an opportunity to explain your position, ask questions of the Department’s representative, describe extenuating or mitigating circumstances, submit documents, offer any oral or written statement, or have other persons speak on your behalf. If you choose not to appear in person or by telephone conference, you may : still submit affidavits and documents i in support of your position. ~ Formal Hearing: Formal hearings are much like non- jury trials and are generally hi held before an administrative law judge. Parties will be afforded an opportunity to make opening statements, followed by evidentiary presentations and closing arguments. You will ordinarily be required to appear in person. Deadline: Your request for hearing must be received by the Department at the return address below no later than 21 days from your receipt of this Notice. If your request is not timely filed, » your right to a hearing will be waived and the Department will enter a final order revoking, suspending, or canceling any applicable license, registration, permit, certificate, exemption, or other form of authorization you may previously have been granted by the Department, and imposing the maximum fines and other penalties authorized under Florida law. The Department may also seek additional remedies in court. - Hearing selection: Please check whether you want an informal or formal hearing: [] Thereby request an INFORMAL HEARING. Even if there are disputed issues of material fact, you may still chodse to proceed on an informal basis. -For your informal hearing, please check only one: [] I wish-to appear in person. [] I wish to participate by telephone conference. {] I wish to submit affidavits and documents only. show a dispute as to a material fact or facts of the Department’s determination. + oe Page 7 of 9 FORMAL HEARING. A formal hearing is available only ifyoucan re on bod Ww Please type or print all information required below : - Name: ; Telephone Address: . Business Name: Telephone Business , Address: Name of Legal Counsel or Qualified Representative: Address: : Telephone Please state when and how you received notice of the Department’s decision in this matter. Provide a brief statement explaining how your substantial interests will be affected by the Department’s determination. Provide a concise statement of the ultimate facts alleged, as well as the rules and statutes entitling you to relief. Please briefly describe the relief you are seeking. ‘Tf you request a formal hearing you must list all disputed issues of material fact here. - William N. Graham, Senior Attorney ‘Department of Agriculture and Consumer Services _ Office of the General Counsel Room 515, Mayo Building = Tallahassee, Florida 32399-0800 : “Page 8 of 9 - poem cee en eee GO 7 “tgrag ec Bas Eggs - ce oof» . Op “hf _ CERTIFICATE OF SERVICE 2, 4S A ») a _ [HEREBY CERTIFY that a true and correct copy of the foregoing Kipprisnativdy, ~ Complaint and Notice of Rights have been served on WILLIAM J. LOUBERYE, SR able Chty > AUTO WORKS by hand delivery at 1401 Broadway, Riviera Beach, Florida, this.’ day of March, 2000. ; Get Te Men Levis Print Name: Title: Jy. Edbceneal La vesds¢ bh bir Florida Department of Agriculture and Consumer Services * Page 9 of 9 CRE PR RRR ER ERR ee gee ape opapeme wee

Docket for Case No: 00-001800