a STATE OF FLORIDA File ro 2 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES : _ DIVISION OF MOTOR VEHICLES 100) SEP 12 P 2:9 } . h OVISION DEPARTMENT OF HIGHWAY SAFETY Dh We HIN Sreat Ni VE AND MOTOR VEHICLES, DIVISION HARINGS OF MOTOR VEHICLES, Petitioner, Case No.: DMV-06-937 License No.: VF-1002226 ve : BOB PFORTE MOTORS, INC., D ly 2, i | Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Bob Pforte Motors, Inc., 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 under 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 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-1002226, e based upon the application identifying Robert R. Pforte as a President of the dealership. The address of record is 4214 W. Lafayette Street, Marianna, Florida 32446. 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. On or about January 6, 2006, Pat Jones’s 1996 Dodge, VIN 2B7HB21Y4TK148801, was transported to Respondent’s dealership. At the dealership it was determined that Mr. Jones’ vehicle needed a new transmission, which Mr, Jones authorized. 7. On or about January 23, 2006, while making the repairs at the dealership the hydraulic lift that Mr. Jones’s vehicle was on malfunctioned and Mr. Jones’s van fell off the lift causing body damage to the vehicle. The next day Respondent notified Mr. Jones and advised that the vehicle had been taken to a Joe Davis Body Shop for the repair work. 8. Mr. Jones was not given a written estimate for the transmission repair by Respondent. 9. Mr. Jones was given an invoice which cost exceeded the $100.00, statutory requirement for a written estimate, only after the repair work was completed. 10. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 559.905(1), Florida Statutes, by not preparing a written estimate for repair work on a motor vehicle, the cost of which will exceed $100 to the customer. ie) COUNT TWO 11. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, six, and seven, above. 12. Respondent delivered Mr. Jones’s vehicle to the body shop for repair work without Mr. Jones’s knowledge or consent and only advised him after the vehicle was already at the body shop. 13. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 559.920(14), Florida Statutes, by having repair work subcontracted without the knowledge or consent of the customer. 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. 1. If you admit the material fact(s) alleged in this Administrative Complaint, you may request 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. If you 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 3 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. 3. If you wish to settle this matter now, indicate this by checking the appropriate space, marked as “3” on the Election of Rights form and ensure the Department receives it, along with any required check made payable to the Division of Motor Vehicles, and the signed Settlement Stipulation within 21 days from the date of your receipt of this Administrative Complaint. : In the event you fail to file your election in this matter with the Department within 21 days from 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-1002226, imposition of an administrative fine, Jo. tt Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 and/or any other relief deemed appropriate. Filed in the official records of the Division of Motor Vehicles this 27 day of August, 2005. CAF: gmw Copies furnished: Deborah Osman, ,...... Regional Administrator Dealer Licensing Richard Otway, Investigator Division of Consumer Services 2005 Apalachee Parkway Tallahassee, Florida 32399-6500 By certified mail to: Robert R. Pforte, President Bob Pforte Motors, Inc. 4214 W. Lafayette Street Marianna, Florida 32446

Docket for Case No: 06-003417