Aug 29 2005 9:10 P.@3 AUIG-29-2885 Of at DEPT OF AGRICULTURE LEGAL 856 245 1681 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, vs. CASE NO. 438922 DACS NO. 2004-0087 JUST BRAKES OF FLORIDA, INC. Respondent. a | ADMINISTRATIVE COMPLAINT Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, hereby files this Administrative Complaint against Respondent, JUST BRAKES OF FLORIDA, INC., and alleges as follows: GENERAL ALLEGATIONS 1. Petitioner, STATE OF FLORIDA, 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 559.901-559,9221, Florida Statutes, cited as the "Florida Motor Vehicle Repair Act", 2. Respondent, JUST BRAKES OF FLORIDA, INC. is a Florida for-profit corporation with its principal address listed as 9747 U.S. Highway 19, Port Richey, Florida, 34668-3846, 3, JUST BRAKES OF FLORIDA, INC., maintains approximately 22 stores throughout central Florida. Each store is separately registered with the Department as a motor vehicle repair shop. Aug 29 2005 9:11 P.a4 AUIG-29-2885 89:32 DEPT OF AGRICULTURE LEGAL 856 245 1681 4. Consumer complaints involving JUST BRAKES OF FLORIDA, INC, have been filed with the Department. As a result of such complaints, JUST BRAKES OF FLORIDA, INC. was the target of an undercover sting operation conducted by the Office of Agricultural Law Enforcement. 5. At all times material hereto, JUST BRAKES OF FLORIDA, INC., advertised a “$99.88 4-Wheel Friction Reline Special” at each of the subject stores. The “4-Wheel Friction Reline Special” allegedly included the following services: replace pads and shoes on all four wheels, machine rotors and drums, pack the bearings, adjust and bleed the brakes, and inspect the balance of the brake system. 6. Upon finding that a registrant has violated any of the provisions of the Motor Vehicle Repair Act, s. 559.921, Florida Statutes, allows the Department to impose penalties including, but not limited to, an administrative fine not to exceed $1,000, revocation or suspension of a registration, and placing Respondent on probation. CASE NO. 03-76/STORE #611 7. JUST BRAKES OF FLORIDA, INC., Store #611 is located at 1559 Gulf to Bay Boulevard, Clearwater, Pinellas County, Florida. 8. At all times material hereto, Respondent's motor vehicle repair license at Store #611, MVR39655, was current and active. 9, On November 4, 2003, an undercover sting operation was conducted in which a law enforcement officer with the Office of Agricultural Law Enforcement, Investigator Stefan Blue, posed as a customer (“John Johnson”) who wanted his brakes inspected at JUST BRAKES, Investigator Blue drove a 1995 Toyota Avalon belonging to the Department, and bearing VIN #471 BF12B8TU068390 and Florida license plate W60XPH, to JUST BRAKES and advised that 2 Aug 29 2005 9:11 .85 AUIG-29-2885 89:32 DEPT OF AGRICULTURE LEGAL 856 245 1681 P he had heard about the “4-Wheel Friction Reline” for $99.88 advertised on a local radio station. 10. One day prior to taking the car to JUST BRAKES, the vehicle had been examined extemally and internally by the Department’s Master Certified Automotive Mechanic, who inspected and certified that the braking system on the Toyota Avalon was free of mechanical defects, was functioning properly, and needed no repair. It. Following a brief inspection of the vehicle, Investigator Blue was advised by JUST BRAKES that the vehicle needed new front and rear brake pads, that both front and rear rotors needed to be machined, and the front calipers reconditioned because the existing calipers were binding. The total cost to repair was $317.23, 12, The repair invoice indicated in the Remarks column that the dise pads were “crystallized,” the calipers “binding,” and the disc hardware “missing spreaders.” The rotor measurements were indicated on the repair invoice as follows: 1115, 1107, 360, 368 (RF, LF, RR, LR, respectively). COUNTI 13. Petitioner re-alleges and incorporates by reference paragraphs 1 through 12, above. 14, In representing to Investigator Blue that his vehicle’s calipers were binding, that the disc pads were crystallized, and that the disc hardware was missing spreaders, Respondent violated section 559.920(4), Florida Statutes, for misrepresenting that certain parts and repairs were necessary for the vehicle. COUNT II 15. Petitioner re-alleges and incorporates by reference paragraphs | through 12, above. Aug 29 2005 9:11 AUIG-29-2885 89! 32 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@6 16. In representing to Investigator Blue that his vehicle’s brake system was in need of repair when it was known that such statements were untrue,. Respondent violated section 559.920(8), Florida Statutes, by making oral statements which were untrue, deceptive, or misleading, and which were known to be untrue, deceptive, or misleading. COUNT I 17. Petitioner re-alleges and incorporates by reference paragraphs 1 through 12, above. 18. In representing to Investigator Blue that his vehicle’s brake system was in need of repair when it was known that such statements were untrue, Respondent violated section 359.920(13), Florida Statutes, by willfully departing from or disregarding accepted practices and professional standards. COUNT Iv 19. Petitioner re-alleges and incorporates by reference paragraphs | through 12, above, 20. Respondent unlawfully deprived Investigator Blue of more than $300.00 by Tepairing a vehicle that did not need Tepair, and by making false representations that it needed repairs, which constitutes misrepresentation and/or fraud, in violation of Section 559,920(17), Florida Statutes. Aug 29 2005 9:11 Pa? AUIG-29-2085 Of 3s DEPT OF AGRICULTURE LEGAL 856 245 1681 CASE NO. 03-51/STORE #603 21. JUST BRAKES OF FLORIDA, INC., Store #603 is located at 9749 U.S. Highway 19, Port Richey, Pasco County, Florida. 22. At all times material hereto, Respondent’s motor vehicle repair license at Store #603, MVR39129, was current and active. 23. On November 4, 2003, an undercover sting operation was conducted in which a law enforcement officer with the Office of Agricultural Law Enforcement, Investigator Mamie Sykes, posed as a customer (“Mamie Giles”) who wanted her brakes inspected at JUST BRAKES, Investigator Sykes drove a 1995 Toyota Camry belonging to the Department, and bearing VIN #4T1SK] 1EXS$U6415850 and Florida license plate W76XPH, to JUST BRAKES and advised she “had just been given the vehicle by a relative and decided to have the brakes checked after hearing about the $99.88 brake deal advertised by JUST BRAKES,” 24, One day prior to taking the car to JUST BRAKES, the subject vehicle had been examined externally and internally by the Department’s Master Certified Automotive Mechanic, who installed new brake pads on the front wheel brake assemblies, and certified that the braking system on the Toyota Camry was free of mechanical defects, was functioning properly, and needed no repair. 25. Following a brief inspection of the vehicle, Investigator Sykes was advised by JUST BRAKES that the vehicle needed new front brake pads, the rear brake shoes relined, front rotors machined, rear brake drums machined, new rear wheel cylinders, and new front calipers. The total cost to repair was $527.21. Investigator Sykes authorized the suggested repairs, Aug 29 2005 9:12 AUIG-29-2085 OF 33 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@8 26. The repair invoice indicated in the Remarks column that the disc pads were “chrystalized (sic),” the calipers and wheel cylinders “sticking,” the disc hardware “Tusting,” the return springs “weak,” and that the fluid in the brake system was “low and dirty.”. The rotor measurements were indicated as follows: 1,084, 1.084, 9.011, 9.010 (RF, LF, RR, LR, respectively). COUNT I 27. _ Petitioner re-alleges and incorporates by reference paragraphs 1 through 6 and 21 through 26, above. 28. In representing to Investigator Sykes that her vehicle’s disc pads were crystallized, that the calipers and wheel cylinders were sticking, that the disc hardware was Tusting, that the return springs were weak, and that the fluid in the system was low and dirty, Respondent violated section 559.920(4), Florida Statutes, for misrepresenting that certain parts and repairs are necessary repair a vehicle. | COUNT II 29. Petitioner re-alleges and incorporates by reference paragraphs 1 through 6 and 21 through 26, above. 30, In representing to Investigator Sykes that her vehicle's brake system was in need of repair when it was known that such statements were untrue, Respondent violated section 559.920(8), Florida Statutes, by making oral statements which were untrue, deceptive, or misleading, and which were known to be untrue, deceptive, or misleading. COUNT III 31. Petitioner re-alleges and incorporates by reference paragraphs | through 6 Aug 29 2005 9:12 .49 AUIG-29-2085 Of 3s DEPT OF AGRICULTURE LEGAL 856 245 1681 P and 21 through 26, above. 32. Imrepresenting to Investigator Sykes that het vehicle’s brake system, was in need of repair when it was known that such statements were untrue, Respondent violated section 559.920(13), Florida Statutes, by willfully departing from or disregarding accepted practices and professional standards. COUNT IV 33. Petitioner re-alleges and incorporates by reference paragraphs 1 through 6 and 21 through 26, above. 34. Respondent unlawfully deprived Investigator Sykes of more than $300.00 by repairing a vehicle that did not need repair, and by making false representations that it needed repairs, which constitutes grand theft and/or fraud, in violation of Section 559.920(17), Florida Statutes, CASE NO. 03-76/STORE #610 35. JUST BRAKES OF FLORIDA, INC., Store #610 is located at 13015 Seminole Boulevard, Largo, Pinellas County, Florida, 36. At all times material hereto, Respondent's motor vehicle repair license at Store #610, MVR39654, was current and active. 37. On December 2, 2003, an undercover sting operation was conducted in which a law enforcement officer with the Office of Agricultural Law Enforcement, Investigator Donna Faulkner, posed as a customer (‘Dina Watson”) who wanted her brakes inspected at JUST BRAKES. Investigator Sykes drove a 1995 Toyota Camry belonging to the Department, and bearing VIN #4T1BG12K5TU660469 and Florida license plate W79XPE, to JUST BRAKES and advised she had read about the $99.88 Aug 29 2005 9:12 AUIG-29-2885 9:34 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.18 brake special advertised by JUST BRAKES. 38. One day prior to taking the car to JUST BRAKES, the subject vehicle had been examined externally and internally by the Department’s Master Certified Automotive Mechanic, who installed new disc brake pads in the left and right front brake calipers, and certified that the braking system on the Toyota Camry was free of mechanical defects, was functioning properly, and needed no repair. 39. Following a brief inspection of the vehicle, Investigator Faulkner was advised by JUST BRAKES that the vehicle had new pads on the front, but that the shims were missing, and the rear brakes needed new shoes. The total cost to repair was $493.39, Investigator Faulkner authorized the suggested repairs. 40. The repair invoice indicated in the Remarks column that the right and left front calipers needed reconditioning, the disc hardware was corroded, the shims were missing, and the retum springs heat-stressed. COUNTI 41. Petitioner re-alleges and incorporates by reference paragraphs | through 6 and 35 through 40, above. 42. In representing to Investi gator Faulkner that her vehicle’s rear brake shoes needed replacing, that the right and left front calipers needed reconditioning, that the disc hardware was corroded, that the shims were missing, and that the retum springs were heat-stressed, Respondent violated section 539.920(4), Florida Statutes, for misrepresenting that certain parts and repairs are necessary repair a vehicle. COUNT 43. Petitioner re-alleges and incorporates by reference paragraphs 1 through 6 Aug 29 2005 9:13 AUIG-29-2885 9:34 DEPT OF AGRICULTURE LEGAL 856 245 1681 and 35 through 40, above. 44. _ In representing to Investigator Sykes that her vehicle’s brake system was in need of repair when it was known that such statements were untrue, Respondent violated section 559.920(8), Florida Statutes, by making oral statements which were untrue, deceptive, or misleading, and which were known to be untrue, deceptive, or misleading. COUNT I 45. Petitioner re-alleges and incorporates by reference paragraphs | through 6 and 35 through 40, above. 46. —_ In representing to Investigator Faulkner that her vehicle’s brake system was in need of repair when it was known that such statements were untrue, Respondent violated section 559.920(13), Florida Statutes, by willfully departing from or disregarding accepted practices and professional standards. COUNT IV 47. Petitioner re-alleges and incorporates by reference paragraphs 1 through 6 and 35 through 40, above, 48. Respondent unlawfully deprived Investigator Faulkner of more than $300.00 by repairing a vehicle that did not need repair, and by making false Tepresentations that it needed repairs, which constitutes grand theft and/or fraud, in violation of Section 559.920(17), Florida Statutes, 49. The above acts show a pattern by JUST BRAKES of failing to comply with and violating the provisions of the Florida Motor Vehicle Repair Act, 50. The above acts show JUST BRAKES intentionally defrauded three P.ii Aug 29 2005 9:13 AUIG-29-2885 9:34 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.i2 customers through dishonest or deceptive means. 31. If the registrations of the subject stores are not suspended or revoked, JUST BRAKES will continue to operate in such a manner as to defraud the public and violate the provisions of the Florida Motor Vehicle Repair Act. WHEREFORE, Respondent is hereby notified that the Commissioner of Agriculture intends to enter a Final Order for the following: (A) — Revocation of the following registrations: MVR-39654, MVR-39655, and MVR-39129, and (B) An administrative fine in the amount of $1,000.000 per violation, for a total of Twelve Thousand Dollars (312,000.00). Dated this 28 day of July, 2005. Abiviow Sy. MIRIAM S. WILKINSON, Senior Attorney FEN: 972101 Department of Agriculture and Consumer Services 407 South Calhoun Street Mayo Building, Suite 520 Tallahassee, Florida 32399-0800 (8500 245-1000

Docket for Case No: 05-003125