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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs MAST CAR, INC., D/B/A TUFFY AUTO SERVICES CENTER OF NAPLES, 06-000009 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000009 Visitors: 44
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: MAST CAR, INC., D/B/A TUFFY AUTO SERVICES CENTER OF NAPLES
Judges: LAWRENCE P. STEVENSON
Agency: Department of Agriculture and Consumer Services
Locations: Naples, Florida
Filed: Jan. 03, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 21, 2006.

Latest Update: Sep. 30, 2024
FROM : Jan 3 2006 15:05 FAX NO. +8582451371 Jan. 83 2666 84:87PM PS Florid._separtment of Agriculture & Con_...ier Services CHARLES H. BRONSON, Commissioner The Capitol © Tallahassee, FL 32399-0800 October 19, 2005 VIA UPS GROUND: Mast Car, Inc, d/b/a Tuffy Auto Service Center of Naples Case No: 0506-17638 Mr. Richard Mastandrea, President . . 9401 Tamiami Trail N Agency Clerk Ref: A39699 Naples, F#'34108 SUBJECT: Administrative Complaint Dear Mr. Mastandrea: INVESTIGATIVE RESULTS An investigation was conducted by the Department of Agriculture and Consumer Services (“Department”). As a result of the investigation, the Department found the following violation: §559.905 (1) Florida Statutes -When any customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed $100 to the customer, the shop shall prepare a written repair estimate. The facts that support the allegation are as follows: Mast Car Inc., d/b/a Tuffy Auto Service Center of Naples did not provide a written estimate prior to performing motor vehicle repair on the vehicle of Ms. Stacie Alleman for arepair on March 1, 2005, in which the total cost exceeded $100. §559.911 (6) Florida Statutes — The motor vehicle repair shop shall provide each customer, upon completion of any repair, with a legible copy of an invoice for such repair. The registration number from the certificate issued by the Department shall be included on the form. The facts thar support the allegation are as follows: The estimate/invoices for three repairs performed for Ms. Stacie Alleman do not include the Department registration number. §559,920 (2) Florida Statutes - Make or charge for repairs which have not been expressly or impliedly authorized by the customer. The facts that support the allegation are as follows: Mast Car Inc., d/b/a Tuffy Auto Service Center of Naples exceeded the price of a written estimate for a repair on February 4, 2005, for Ms. Stacie Alleman by $182.95 without authorization. §559.920 (14) Florida Statutes - Have repair work subcontracted without the knowledge or consent of the customer unless the motor vehicle repair shop or employee thereof demonstrates that the customer could not reasonably have been notified. The facts that support the allegation are as follows: Mast Car Inc., d/b/a Tuffy Auto Service Center of Naples subcontracted transmission work for a repair for Ms. Stacie Alleman on or about March 1, 2005, without proof of her knowledge or consent. SETTLEMENT . At this time the Department is willing to settle this matter as follows: "Mast Car, Inc. d/b/a Tuffy Auto Service Center of Naples shall, within 21 days of the receipt of this letter, pay an administrative fine of Two Thousand Three Hundred Dollars ($2,300.00), monies FROM : Jan 3 2006 15:06 FAX NO. + 8582451371 Jan. 63 2666 4:66PM P4 Florid:.separtment of Agriculture & Co._. .2er Services CHARLES H. BRONSON, Commissioner The Capito! © Tallahassee, FL 32399-0800 October 19, 2005 SETTLEMENT AGREEMENT Mast Car, Inc. Case No: 0506-17638 d/b/a Tuffy Auto Service Center of Naples Mr.. Richaid Mastandrea, President Agency Clerk Ref: A39699 9401 Tamiami Trail N Naples, FL 34108 I hereby agree to settle the violations stated in the Administrative Complaint dated October 19, 2005, as follows (check one): L agree to pay the administrative fine of $2,300.00, execute and return this agreement, and comply with all laws and rules contained in the Florida Motor Vehicle Repair Act, Sections 559.901- $59,9221, Florida Statutes. I agree to pay the administrative fine of $2300.00 and immediately cease doing business as a Motor Vehicle Repair Shop. I further agree that if I fail to comply with the terms of this settlement the Department may enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. Name (please print) Legal Name of Business Signature Date Title Telephone ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT. RETURN ADDRESS: Motor Vehicle Repair Department of Agriculture & Consumer Services Post Office Box 6700 Tallahassee, Florida 32399-6700 DACS-01128 (sd), Org Code: 42100704000-A2 Object Code: 012052 ($2,300.00) Org Code: 42100604000-Az Object Code: 001161

Docket for Case No: 06-000009
Source:  Florida - Division of Administrative Hearings

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