O8/14/2020 FRI 14:5 a4 FAX STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Vv. Petitioner, Case No. 1911-42789 Agency Clerk No. B23011 JESSIAH'S AUTO REPAIR, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Agriculture and Consumer Services, Division of Consumer Services, pursuant to Section 559.904, Florida Statutes, states that it is the regulatory authority as defined therein, has statutory jurisdiction over the Respondent and this matter, and alleges: Respondent holds the following registration issued pursuant to Section 559.904, Florida Statutes: MV84865 As set forth below, Petitioner has received information that justifies action provided for in Section 559.92], Florida Statutes. 1) 2) Section 559.920(17), F.S., Perform any other act that is a violation of this part or that constitutes fraud or misrepresentation. Specifically, Section 559.903(1), F.S., requires a motor vehicle repair shop to prepare an estimate, compliant with this section, if repair costs exceed $100 to the customer. The facts that support the allegation are as follows: Jessiah Auto Repair, Inc., failed to prepare or provide to customer Majeed Sedeeq Majeed a written repair estimate, setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work of repair on Majeed’s 2014 Chevy Cruze, Andre Haddad advised department investigator that he does not give customers written repair estimates, setting forth the estimate cost of repair work, before effecting any diagnostic work or repair. Section 559.920(17), F-S., Perform any other act that is a violation of this part or that constitutes fraud or misrepresentation, Specifically, Section $59.915(2), F.S., motor vehicle repair shops shall allow department personnel to inspect or copy these records during regular business hours. The facts that support the allegation are as follows: On January 8, 2020, during the interview with Andre Haddad, the department investigator requested to inspect or copy written repair estimate, for customet Majeed’s motor vehicle. The department investigator was not allowed 003/008 08/14/2020 FRI 14:54 FA 3 4 5 ) = at to inspect or copy a written repair estimate during regular business hours. On January 8, 2020, department investigator served an Investigator’s Field Report lo the business requesting Jessiah’s submit a copy of written repair estimate and other work orders for consumer Majeed within 7 days. To date, Jessiah’s has refused or failed to submit a written repair estimate to the department for consumer Majeed’s motor vehicle. Section $59.920(3), F.S., It shall be a violation of this act for any motor vehicle repair shop or employee thereof to: (3) Misrepresent that repairs have been made to a motor vehicle; The facts that support the allegation are as follows: Jessiah’s Auto Repair, Inc misrepresented that repairs had been made to consumer Majeed’s 2014 Chevy Cruze. Evidence of this is when Majeed arrived to pick up his motor vehicle, Andre Haddad advised him that he Installed the customer supplied flywheel and a new clutch al which time Majeed paid Jessiah’s the final invoice total amount of $642. Majeed picked up the motor vehicle from Jessiah’s and noticed that the vehicle continucd to make noise. Majeed took the 2014 Chevy Cruze to another motor vehicle repair shop and was informed that the motor vehicle contained the original clutch and flywheel. Majeed was informed that the transmission was not removed from the motor vehicle tu install a clutch and flywheel. Section 559.920(11), P.S., Cause or allow a customer to sign any work order that does not state the repairs requested by the customer or the automobile's odometer reading at the time of repair. The facts that support the allegation are as follows; Jessiah’s caused or allowed Majeed to sign the invoice form that did not state the repairs requested by Majeed or the automobile’s odometer reading at the time of repair. Evidence of this is indicated on Jessiah’s invoice that does not state the repairs requested by Majeed or the automobile’s odometer reading at the time of the repair. Section 559.920(17), F.S., Perform any other act that is a violation of this part or that constitutes fraud or misrepresentation, The facts that support the allegation are as follows: Jessiah’s Auto Repair, Inc., through its business practices, has knowingly and intentionally performed acts that are violations of this part and that constitutes fraud or misrepresentation. Jessiah’s intentionally defrauded Majced Sedeeq Majeed and deceived him to believe that the 2014 Chevy Cruze was repaired, and the customer purchased flywheel and new clutch were installed in the motor vehicle. Jessiah’s advised Majeed that the motor vehicle was repaired and Jessiah’s received payment from Majeed for repair work. Majeed later learned that the transmission had not been removed trom the vehicle to install the flywheel/clutch and the motor vehicle still contained the original parts. Wherefore, Petitioner intends to take action pursuant to Section 559.921, Florida Statutes, including, but not limited 10, imposing an administrative fine up to $1,000 per violation and directing you to cease and desist specified activities. Dated this 10" day of July, 2020. is| When Tenhoinson W. Alan Parkinson Chief of Mediation and Enforcement W004/008 O8/14/2020 FRI 14:54 FAX 005/008 NOTICE OF RIGHTS In accordance with Sections 120,569 and 120.57, Florida Statutes, you have the right to request a formal or informal hearing and to be represented by counsel or other qualified representative. To request a hearing, you must complete the enclosed Election of Rights form and file it with the Division of Consumer Services within 21 days of receipt of this complaint. NOTE: If you request a formal hearing, you must also provide a statement of the material facts alleged in this complaint that you dispute. Failure to timely file the Election of Rights form with the Division of Consumer Services within 21 days of receipt of this complaint shall be considered a waiver of your right fo a hearing and may result in the issuance of a Final Order without any further notice that may impose up to the maximum penalties as authorized by law. Settlement Offer Alternatively, you may waive your right to a hearing and settle this matter by signing and returning the attached Stipulation and Setilement. CERTIFICATE OF SERVICE 1 hereby certify that a copy of this Administrative Complaint has been furnished by UPS, on this 10th day of July, 2020 to: Jessiah's Auto Repair, Inc., 2392 W Beaver St, Jacksonville, FL 32209, Saundrea Williams Regulatory Consultant Department of Agriculture and Consumer Services Division of Consumer Services 2005 Apalachee Pkwy Tallahassee, FL 32399 850-410-3720 Saundrea. Williams@FDACS.gov

Docket for Case No: 20-003641