Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: MAST CAR, INC., D/B/A TUFFY AUTO SERVICES CENTER OF NAPLES
Judges: LAWRENCE P. STEVENSON
Agency: Department of Agriculture and Consumer Services
Locations: Naples, Florida
Filed: Jan. 03, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 21, 2006.
Latest Update: Dec. 25, 2024
FROM :
Jan 3 2006 15:05
FAX NO. +8582451371 Jan. 83 2666 84:87PM PS
Florid._separtment of Agriculture & Con_...ier Services
CHARLES H. BRONSON, Commissioner
The Capitol © Tallahassee, FL 32399-0800
October 19, 2005
VIA UPS GROUND:
Mast Car, Inc,
d/b/a Tuffy Auto Service Center of Naples Case No: 0506-17638
Mr. Richard Mastandrea, President . .
9401 Tamiami Trail N Agency Clerk Ref: A39699
Naples, F#'34108
SUBJECT: Administrative Complaint
Dear Mr. Mastandrea:
INVESTIGATIVE RESULTS
An investigation was conducted by the Department of Agriculture and Consumer Services
(“Department”). As a result of the investigation, the Department found the following violation:
§559.905 (1) Florida Statutes -When any customer requests a motor vehicle repair shop to
perform repair work on a motor vehicle, the cost of which repair work will exceed $100 to the
customer, the shop shall prepare a written repair estimate. The facts that support the allegation are
as follows: Mast Car Inc., d/b/a Tuffy Auto Service Center of Naples did not provide a written
estimate prior to performing motor vehicle repair on the vehicle of Ms. Stacie Alleman for arepair
on March 1, 2005, in which the total cost exceeded $100.
§559.911 (6) Florida Statutes — The motor vehicle repair shop shall provide each customer, upon
completion of any repair, with a legible copy of an invoice for such repair. The registration
number from the certificate issued by the Department shall be included on the form. The facts thar
support the allegation are as follows: The estimate/invoices for three repairs performed for Ms.
Stacie Alleman do not include the Department registration number.
§559,920 (2) Florida Statutes - Make or charge for repairs which have not been expressly or
impliedly authorized by the customer. The facts that support the allegation are as follows: Mast
Car Inc., d/b/a Tuffy Auto Service Center of Naples exceeded the price of a written estimate for a
repair on February 4, 2005, for Ms. Stacie Alleman by $182.95 without authorization.
§559.920 (14) Florida Statutes - Have repair work subcontracted without the knowledge or
consent of the customer unless the motor vehicle repair shop or employee thereof demonstrates
that the customer could not reasonably have been notified. The facts that support the
allegation are as follows: Mast Car Inc., d/b/a Tuffy Auto Service Center of Naples
subcontracted transmission work for a repair for Ms. Stacie Alleman on or about March 1,
2005, without proof of her knowledge or consent.
SETTLEMENT .
At this time the Department is willing to settle this matter as follows:
"Mast Car, Inc. d/b/a Tuffy Auto Service Center of Naples shall, within 21 days of the receipt of
this letter, pay an administrative fine of Two Thousand Three Hundred Dollars ($2,300.00), monies
FROM :
Jan 3 2006 15:06
FAX NO. + 8582451371 Jan. 63 2666 4:66PM P4
Florid:.separtment of Agriculture & Co._. .2er Services
CHARLES H. BRONSON, Commissioner
The Capito! © Tallahassee, FL 32399-0800
October 19, 2005
SETTLEMENT AGREEMENT
Mast Car, Inc. Case No: 0506-17638
d/b/a Tuffy Auto Service Center of Naples
Mr.. Richaid Mastandrea, President
Agency Clerk Ref: A39699
9401 Tamiami Trail N
Naples, FL 34108
I hereby agree to settle the violations stated in the Administrative Complaint dated
October 19, 2005, as follows (check one):
L agree to pay the administrative fine of $2,300.00, execute and return this agreement, and comply
with all laws and rules contained in the Florida Motor Vehicle Repair Act, Sections 559.901-
$59,9221, Florida Statutes.
I agree to pay the administrative fine of $2300.00 and immediately cease doing business as a
Motor Vehicle Repair Shop.
I further agree that if I fail to comply with the terms of this settlement the Department may enter a
Final Order imposing the maximum penalties authorized by Florida law, and may seek additional
remedies in court.
Name (please print) Legal Name of Business
Signature Date
Title Telephone
ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT.
RETURN ADDRESS: Motor Vehicle Repair
Department of Agriculture & Consumer Services
Post Office Box 6700
Tallahassee, Florida 32399-6700
DACS-01128
(sd),
Org Code: 42100704000-A2
Object Code: 012052 ($2,300.00)
Org Code: 42100604000-Az
Object Code: 001161
Docket for Case No: 06-000009
Issue Date |
Proceedings |
Feb. 21, 2006 |
Order Closing File. CASE CLOSED.
|
Feb. 16, 2006 |
Notice of Cancellation of Hearing filed.
|
Feb. 16, 2006 |
Petitioner`s Motion to Relinquish Jurisdiction and Close File filed.
|
Jan. 26, 2006 |
Petitioner`s First Requests for Admission filed.
|
Jan. 26, 2006 |
Petitioner`s First Request for Production filed.
|
Jan. 19, 2006 |
Order of Pre-hearing Instructions.
|
Jan. 19, 2006 |
Notice of Hearing (hearing set for March 9, 2006; 9:00 a.m.; Naples, FL).
|
Jan. 10, 2006 |
Response to Initial Order filed by Petitioner.
|
Jan. 09, 2006 |
Response to Initial Order filed.
|
Jan. 04, 2006 |
Initial Order.
|
Jan. 03, 2006 |
Administrative Complaint filed.
|
Jan. 03, 2006 |
Notice of Rights and Hearing Request Form filed.
|
Jan. 03, 2006 |
Agency referral filed.
|