YO Cn sa STATE OF FLORIDA, DEPARTMENT fa, OF AGRICULTURE AND CONSUMER SERVICES 0 , - Ef gs 8a STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, vs. a DOACS No.: 2000-0284 PRECISION ENGINE REBUILDING, INC., an active Florida for profit corporation, and . . STEVEN SCOTT MONROE, a/k/a STEVE MONROE, individually and as President and Director of PRECISION ENGINE ; REBUILDING, INC.. ; + Respondents / ADMINISTRATIVE COMPLAINT The Florida Department of Agriculture and Consumer Services, files this Administrative Complaint against PRECISION ENGINE REBUILDING, INC, an active Florida for profit corporation, and STEVEN SCOTT MONROE a/k/a STEVE MONROE, individually and as President and Director of PRECISION ENGINE REBUILDING, INC., and as grounds therefore says: 1. The Florida of Department Agriculture and Consumer Services (hereinafter "Department" is an agency of the State of Florida with authority to enforce the provisions of the Florida Motor Vehicle Repair Act; Page 1 of 6 \e/ Nod 2. Atall times relevant hereto, Respondent has operated a Motor Vehicle Repair Shop as that term is defined in the Florida Motor Vehicle Repair Act, at 116 West Compton Avenue, Orlando, Florida 32806; 3. For purposes of this Administrative Complaint, "Respondent" shall refer to and include PRECISION ENGINE REBUILDING, INC., STEVEN SCOTT MONROE, and STEVE MONROE individually, personally, in any and all corporate capacity and in any other capacity in which motor vehicle repairs were carried on under the authority of MV- : 22883; 4. Atall times relevant hereto Respondent has operated under the authority of MV registration number 22883; and at all times relevant hereto, the operations of the : motor vehicle repair shop have been carried out at the direction of and with full knowledge and control of ; . 5. Section 559.920, Fla. Stat. (all statutory references are to 1999 Florida Statutes), provides in relevant part: ) 559.920 Unlawful acts and practices.--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; (8) Make or authorize in any manner or by any means whatever any © Witten or oral statement which is untrue, deceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive or misleading; (9) Make false promises of a character likely to influence, persuade, or , induce a customer to authorize the repair, service, or maintenance of a motor vehicle; Page 2 of 6 Ww ww) (17) Perform any other act that is a violation of this part or that constitutes fraud or misrepresentation, 6. On or about July 14, 1998, Respondent represented that it had replaced the engine block in a 1983 Cadillac VIN Number 1G6AS6984DE818 143, when in fact it had not, contrary to the provisions of to §§559.920(3, 8, 9, and 17) Fla. Stat.; 7. On or about July 14, 1998, Respondent represented that it had replaced numerous other parts and performed various other labors on a 1983 Cadillac VIN Number 1G6AS6984DE818143, when in fact it had not, contrary to the provisions of to §§559.920(3, 8, 9, and 17) Fla. Stat.; 8. Onor about July 14, 1998, Respondent charged Bruce E. Ross, owner of the above-referenced Cadillac three thousand one hundred and eighty dollars ($3180.00) for repairs which were not accomplished, contrary to the provisions of to §§559.920(3, 8, 9, and 17) Fla. Stat.; 9. Section 559.921, Fla. Stat. (1999) provides in relevant part: (4)(a) The department may enter an order imposing one or more of the penalties set forth in paragraph (b) if the department finds that a motor vehicle repair shop: 1. Violated or is operating in violation of any of the provisions of this part or of the rules adopted or orders issued thereunder; (b) Upon a finding as set forth in paragraph (a), the department may enter an order doing one or more of the following: o. Issuing a notice of noncompliance pursuant to s. 120.695. 2. Imposing an administrative fine not to exceed $1,000 per violation for each act which constitutes a violation of this part or a rule or order. Page 3 of 6 Newt 7) As Ze) ee p Directing that the motor vehicle repair shop cease and desist specified oo 7 a 2D activities. 7 A, KY, Yi Refusing to register or revoking or suspending 4 registra) 4, Placing the registrant on probation for a period of time, subject to Sieh Lin conditions as the department may specify. “ PROPOSED AGENCY ACTION WHEREFORE, Respondent is hereby notified that the Commissioner of Agriculture and Consumer Services intends to enter a Final Order including one or more of the following provisions: (A) (B) (C) (D) €) Finding four violations of the Florida Motor Vehicle Repair Act; Suspending MV-22883; . - Revoking MV-22883; . Directing that Respondents cease and desist specified activities prohibited by the Florida Motor Vehicle Repair Act; Imposing an administrative fine in the amount of $1,000 per violation. Dated this 20 day of Tubys __,2000 Assistant Commissioner Page 4 of 6 fegis <9 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTICE OF RIGHTS OTICE OF RIGHTS Hearing Availability: You have the right to contest the Department’s determination by timely requesting an informal hearing. An informal hearing is available whether or not material facts are in dispute. In lieu of an informal hearing you may request a formal hearing if and only if you can show a dispute as to a material fact or facts of the Department’s determination. Mediation pursuant to Section 120.573, Florida Statutes, is not available. Informal Hearing: At an informal hearing you will be afforded an opportunity to explain your position, ask questions of the Department’s representative, describe extenuating or mitigating circumstances, submit documents, offer any oral or written statement, or have other. persons speak on your behalf. If you choose not to appear in person or by telephone conference, you may still submit affidavits and documents in support of your position. Formal Hearing: Formal hearings are much like non-jury trials and are generally held before an administrative law judge. Parties will be afforded an opportunity to make opening statements, followed by evidentiary presentations and closing arguments. You will ordinarily be required to appear in person. Deadline: Your request for hearing must be received by the Department at the return address below no later than 21 days from your receipt of this Notice. after which the action the agency now proposes will become final, subject only to judicial review. “RETURN TO: Harold McLean, Senior Attorney oo ~~ Department of Agriculture and Consumer Services Office of the General Counsel Room 515, Mayo Building Tallahassee, Florida 32399-0800 Page 5 of 6 k ae eo we) QD & ar I HEREBY CERTIFY that a true and correct copy of the foregoing Admini five, <> ies “ Complaint and Notice of Rights has been served on PRECISION ENGINE REBUI A SINC., * STEVEN SCOTT MONROE a/k/a STEVE MONROE, Individually and as President eee day of “Weg os co S “7 Director of PRECISION ENGINE REBUILDING, INC., on this G as , 2000. Ln f OL [Nf, _ Charles Winey _- print name ERTIFICATE OF SERVICE CERTIFICATE OF SERVIC Title: Law Enforcement Terverhss rub The Florida of Agriculture and Consumer Services Page 6 of 6

Docket for Case No: 00-004023