' STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, ve BOBBIN TRACE AUTOMOTIVE, LLC, D/B/A LEGACY TOYOTA OF TALLAHASSEE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Bobbin Trace Automotive, LLC d/b/a Legacy Toyota of Tallahassee, Respondent, and alleges: . 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, pursuant to section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001 and 28-107.004, Florida Administrative Code. 2. Petitioner also has the authority to impose remedies for section 559.921(4), Florida Statutes, against motor vehicle repair shops registered with the Department of Agriculture and Consumer Services who are also motor vehicle and/or recreational vehicle dealers licensed under chapter 320. 3. Respondent is, and has been at all times material hereto, a licensed franchise . motor vehicle dealer in the State of Florida, having been issued license number VF-1001582, based upon the epplication identifying Robert L. Akers, Sr. as President of Fthe dealership. The address of record is 3705 W. Tennessee Street, Tallahassee, Florida 32304, 4. Respondent also is, and has been at all times material hereto, a motor vehicle repair shop registered with the Department of Agriculture and Consumer Services, pursuant to Chapter 559, Florida Statues and engaged or attempting to engage in the business of motor vehicle repair work. COUNT ONE 5. _, Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above, 6. Section 559.905, Florida Statutes, requires that 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, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. The written repair estimate shall include specific items required by this statue, 7. On or about April 19, 2006, Richard Otway, Investigator with the Department of Agriculture and Consumer Services, investigated a complaint file by Chris Guigiard regarding Tepairs on her 1990 Lexus. Said investigation failed to reveal that Respondent provided Ms. Guiglard a written motor vehicle repair estimate and disclosure statement as required by section 559.905, Florida Statutes. Further Investigator Otway’s investigation failed to provide evidence ofa a written statement signed by Ms, Guiglard waiving her tight to receive a written estimate. 8. Based on the foregoing, Respondent violated section 320.27(8)()17, Florida Statutes, through a violation of section 559.905, Florida Statutes, by not preparing a written estimate in compliance with the requirements outlined in Florida Statute. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, and seven, above. 10. Section 559.920(2), Florida Statutes, states in part that it shall be a violation of this act for any motor vehicle repair shop or employee thereof to make or charge for repairs which have not been expressly or impliedly authorized by the customer. 11. Investigator Otway obtained Respondent’s invoice #TOCS169510 indicating repair work on Ms. Guiglard’s vehicle in the amount of $5,543.60 was done on or about January 2, 2006, however; there is no corresponding estimate or proof that Ms. Guiglard expressly or impliedly authorized these repairs to her vehicle. 12, Based on the foregoing, Respondent violated section 320,27(9)(b)17, Florida Statutes, through a violation of section 559.920(2), Florida Statutes, by making or charging for repairs which have not been expressly or impliedly authorized by the customer. COUNT TAREE 13. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, seven, and eleven (11), above. 14. Section 559.920(7), Florida Statutes, states in part that it shall be a violation of this act for any motor vehicle repair shop or employee thereof to fraudulently misuse any customer’s credit card. uo 15. Based on Investigator Otway’s investigation Respondent charged $5,543.60, ’ referenced in paragraph eleven (11), above, to Ms, Guiglard’s credit card for repairs to her vehicle. Ms. Guiglard advised Investigator Otway that she did not approve the charges to be made by Respondent to her credit card, 16. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 559.920(7), Florida Statutes, by fraudulently misusing any customer’s credit card. EXPLANATION OF RIGHTS You have the right to request a hearing to be conducted in accordance with sections 120,569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have, subpoena(s) and subpoena(s) duces tecum issued on your behalf if a hearing is requested. In response to the allegations set forth above, you must make one of the following elections and file your’ response within twenty-one (21) days from the date of your receipt of this Administrative Complaint. Please make your election on the enclosed Election of Rights form and ensure the Department receives it within 21 days, I. Ifyou admit the material fact(s) alleged in this Administrative Complaint, you may Tequest a hearing, pursuant to section 120,57(2), Florida Statutes, before the Division of Motor Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present either written and/or oral evidence in mitigation of any proposed penalty. A request for this type of hearing, in which no material facts are in dispute should be directed to the Department by checking the appropriate space, marked as “1” on the. Election of Rights form and ensuring the Department receives it within 21 days from the date of your receipt of this Administrative Complaint. 2. Ifyou dispute any material fact alleged in this Administrative Complaint, you must present sufficient evidence of your dispute and you may request a hearing, pursuant to section 120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute, should be directed to the Department by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations of fact you are disputing and ensuring the Department receives it within 21 days from the date of your receipt of this Administrative Complaint. If you elect an evidentiary hearing, you must keep the Department informed of your current mailing address: failure to do so may be considered a waiver of your right to an evidentiary hearing. In the event you fail to file your election in this matter with the Department within 21 days ftom your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute the alleged facts and the Department may proceed to enter a Final Order. Pursuant to Section 120.573, Florida Statutes, mediation is not available for this proceeding. WHEREFORE, the Department hereby gives notice of its intent to enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's motor vehicle franchise license number VF-1001582, imposition of an administrative fine, and/or any other relief deemed appropriate. arl A. Ford, Directi Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division of Motor Vehicles this 7 day of June, 2006. CAF:amw Copies furnished: Deborah Osman Regional Administrator Dealer Licensing By certified mail to: Robert L. Akers, Sr., President Legacy Toyota of Tallahassee 3705 W, Tennessee, Street Tallahassee, Florida 32304 g:\dir\hearingofficer\2006\legacytoyotaoftallahassee\ac

Docket for Case No: 06-002425