. STATE OF FLORIDA z DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Pp Ay STATE OF FLORIDA, DEPARTMENT OF & AGRICULTURE AND CONSUMER SERVICES, Petitioner, | Oo- Jee QS “ys. : FDACS CASE NO. 2000-0073 CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP Respondent. \ oe ADMINISTRATIVE COMPLAINT Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, files this administrative complaint against Respondent, CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP and alleges as follows: GENERAL ALLEGATIONS 1. Petitioner, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (hereafter DEPARTMENT), is an agency of the State of Florida with the authority to enforce the provisions of Sections §59.901-559.9221, Florida Statutes cited as the “Florida Motor Vehicle Repair Act”. 2. Respondent, CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP, is located at 7254 Highway 27, Havana, FL 32333. 3. CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP is a motor vehicle repair shop as defined by Section 559.903(7), Florida Statutes. 4. CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP is currently registered with the Department as a motor vehicle repair shop pursuant to Section 559.904, Florida Statutes. The -1- registration number is MV-24350. 5. CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP is currently doing business as a motor vehicle repair shop. . 6. Section 559.921(4), Florida Statutes (1999), authorizes the Department to impose penalities, which may include the imposition ofa fine not to exceed $1,000 per 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 7. On or about December 15, 1999. Havana Paint & Body Shop began repairs to a 1992 Oldsmobile Cutlass Ciera, Vin# IG3AL54N7N6424553, License # MOIBL, owned by Jessie Morgan. 8. The front suspension of the owner’s motor vehicle had to have parts replaced due to damage. 9 The owner’s insurance company paid Respondent $532.95 for new part replacements and ” wheel alignment pursuant to a repair estimate or appraisal. 10. Havana Paint & Body Shop took the vehicle to Don Sirmons Alignment & Brake, Inc. and paid it $109.00 for the repair work. ; 1 1. " Respondent provided used parts to Don ‘Simons Alignment & Brake, Inc., to install on the 12. The owner and the insurer for the repair did not authorize substitution of used parts for new parts. 13. Asaresult, CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP and his employees or -2- t [ v \ his agents violated the Florida Motor Vehicle Repair Act, §559.920(10), Florida Statutes (1999), by substituting “used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the motor vehicle owner and to her or his insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the motor vehicle -repair shop.” COUNT II 14. Petitioner re-alleges the allegations of paragraphs 7-12 of Count I. 15. Respondent agreed to repair said motor vehicle in accordance with the specifications of the motor vehicle insurer. 16. The substitution of parts without notice to the owner and insurer constitutes a fraud or misrepresentation in violation of the Florida Motor Vehicle Repair Act, §559.920(17), Florida Statutes (1999). COUNT JI 17. Petitioner re-alleges the allegations of paragraphs 7-12 of Count L. 18. On January 12, 2000, an on-site inspection of Havana Paint & Body Shop invoices was .. performed and upon completion of the inspection, the business did not have an invoice for the repair work that was done on the 1992 Oldsmobile Cutlass Ciera. 19. | CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP and his employees or his agents violated the Florida Motor Vehicle Repair Act, §559. oil, Florida Statutes (1999), by failing to provide the owner or owner’s "sagent, upon completion of the repair, with a legible copy of an invoice for such repair - conforming t to the requirements of §559: 911, Florida Statutes (1999). COUNTIV -3- 1 ane eer bh ww WS 20. Onor about September 10, 1999, Havana Paint & Body Shop began repairs to a 1996 Ford Taurus G, Vin#1FALP51U6TA288974, owned by Bruce Lovett. 21. The air bags had to be replaced due to an accident involving the motor vehicle. ‘22, ‘The owner’s insurance company paid Respondent $1,191.50 for new airbags to be installed pursuant to a repair estimate or appraisal. 23. Used air bags were purchased from Butler’s Auto Salvage and installed on this vehicle by Respondent at a cost of $550. 24. The owner and the insurer for the repair did not authorize substitution of used parts for new parts. 25. Asaresult, CHRIS HALL D/B/A HAVANA PAINT & BODY SHOP and his employees or his agents violated the Florida Motor Vehicle Repair Act, §559.920(10), Florida Statutes (1999), by substituting “used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the motor vehicle owner and to her or his insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the motor vehicle repair shop.” 27. “Respondent agreed to repair said motor ‘vehicle i in n accordance with the specifications of the : motor vehicle i snsirer ~ 28. The. substitution of ‘Parts without n notice to the owner and insurer constitutes a fraud or misrepresentation in violation of the Florida Motor Vehicle ¢ Repair A Act, L, §559. 920(17), Florida -4- bd nate t Statutes (1999). “PROPOSED AGENCY ACTION A} WHEREFORE, Respondents are hereby notified that the Commissioner of Ai urd and Consumer Services intends to enter a Final Order for one or more of the following: (A) _ revocation of Registration Number MV-24350. O O-s of wae) (B) suspending the registration. (C) _ directing that the motor vehicle repair shop cease and desist specified activities. (D) anadministrative fine in an amount of $ 1,000.00 per violation, for a total of $5,000.. 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 PAGENOTICE OF RIGHTS. - YOU HAVE THE RIGHT TO ASK FOR A HEARING IMMEDIATELY AND NOT WAIT 21 DAYS TO REQUEST THE HEARING. Ae 2a Dated this ey, day of _# ehracrs » 1989. BOB CRAWFORD | . BY; ASSISTANT COMMISSIONER FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES ~ _ CERTIFICATE ¢ OF SERVICE col HERERY ¢ CERTIFY that a trueand co correct copy’ oft the foregoing Admi i “ DY SHOP by certified mail at 32333 this day of February, 2000. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served on CHRIS HALL D/B/A HAVANA roan BODY SHOP by certified mail at 7254 Highway 27, Havana, Florida 32333, this_2/° day of February, 2000. V0 am nl Wh William N. Graham, Senior Attorney Florida Bar No.: 162259 Department of Agriculture and Consumer Services Room 515, Mayo Building Tallahassee, Florida 32399-0800 Telephone: 850/488-6851 Facsimile: 850/488-1766 er ene eee —————— ro . SENDER: sai 4 | also wish to receive the . Y scomplcte toms byid ora ig edaona sortess, Wd _ | following services (for an 8 =P ‘your name and address on the reverse of this form so that we can retum this | extra fee): 3 sfitach £04. orm to the front of the mailpiece, or on the back if space does not 1. Cl Addressee’s Address o* ite Return Receipt Requested” on the malpioce below the eat number, 2. C Restricted Delivery ‘i P an = wThe Retum Receipt will show to wham the article was jeliver Consult postmaster for fee. ~ "3. Ariicle Addressed to: 4a. Article Number i .. 4% [2333 7 2 Chris Hall . , * Tab. Service Type § d/b/a Havana Paint & Body Shop C0 Registered Cl Certified 7254 Highway 27 CO Express Mail (Ol Insured (0 Retum Receipt for Merchandise {] CoD 7. Date of Delivery Havana, Florida 32333 > @. Addressee’s Address (Only if requested and fee is paid) 5. Received By: (Print Name) Thank vou for using Return Receipt Service. Is your Ri 7a Domestic Return Receipt _ PS Form 3811, December 1994 102895-97-8-0 Z 333 730 165 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail (See reverse) Chris Hall d/b/a Havana Paint & Body Shop 7254 Highway 27 Havana, Florida 32333 & | Retum Receipt Showing to ‘= | Whom & Date Delivered Retum Receipt Showing to Whom, Date, & Addressee's Address Postmark or Date PS Form 3800, April ome er EE ORE

Docket for Case No: 00-001223