Florida Department of Agriculture & Consumer Servicgs 7 CHARLES H. BRONSON, Commissioner GY ks The Capitol ¢ Tallahassee, FL 32399-0800 one °, “ e February 4, 2010 DELIVERED: 1Z 4AW 867 42 6504 5238 MJG Corporation of Pinellas Case No: 0912-48058 d/b/a Belleair Express Lube & Auto : Mr. Michael Gentile, President Agency Clerk Ref: A65778 1721 Clearwater Largo Rd. Clearwater, FL. 33756 SUBJECT: Administrative Complaint Dear Mr. Gentile: 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 Statute, 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, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. The facts that support this allegation are as follows: A review of the estimate/invoice forms provided by MJG Corporation of Pinellas found that the forms were not compliant with Florida State Statute. § 559.920 (2) Florida Statute, Make or charge for repairs which have not been expressly or impliedly authorized by the customer. The facts that support this allegation are as follows: MJG Corporation of Pinellas never provided customer, Phyllis Melton with a written estimate of repairs. § 559.920 (3) Florida Statute, Misrepresent that repairs have been made to a motor vehicle. The facts that support this allegation are as follows: MIG Corporation of Pinellas charged customer, Phyllis Melton, for a new bumper on her vehicle. Michael Gentile provided a written statement that he did not replace the bumper on the vehicle. § 559,920 (6) Florida Statute, Fraudulently alter any customer contract, estimate, invoice, 3 or other document. The facts that support this allegation are as follows: MJG Corporation ‘of Pinellas provided a copy of an estimate/invoice purporting to have the Phyllis Melton’s signature, which was not actually signed by the Phyllis Melton. MJG Corporation of Pinellas Case No: 0912-48058 d/b/a Belleair Express Lube & Auto February 4, 2010 Page Two § 559.920 (10) Florida Statute, Substitute 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. The facts that support this allegation are as follows: Michael Gentile admitted in a written statement that he used refurbished parts instead of the new parts paid for by the customer’s insurance carrier. § 559.920 (14) Florida Statute, 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 this allegation are as follows: MJG Corporation of Pinellas sublet the repairs to Phyllis Melton’s vehicle to Oscar’s Body Shop without notifying Ms. Melton. § 559.920 (17) Florida Statute, Perform any other act that is a violation of this part or that constitutes fraud or misrepresentation. The facts that support this allegation are as follows: Michael Gentile admitted in a written statement that he intentionally damaged Ms. Melton’s vehicle to inflate the estimate for monetary gain. SETTLEMENT At this time the Department is willing to settle this matter as follows: MIG Corporation of Pinellas d/b/a Belleair Express Lube & Auto, shall, within 21 days of the receipt of this letter, pay an administrative fine of Six Thousand Three Hundred Dollars ($6,300.00), and shall immediately comply with all laws and rules contained in the Florida Motor Vehicle Repair Act. Monies should be submitted in the form of certified check or money order made out to the Department of Agriculture and Consumer Services. If this settlement is acceptable, please indicate your acceptance by signing the Settlement Agreement and return the signed Settlement Agreement along with your payment and all other documents required for settlement in the enclosed envelope within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter. MJG Corporation of Pinellas Case No: 0912-48058 d/b/a Belleair Express Lube & Auto February, 2010 Page Three ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the Department’s findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If you request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. ; FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please contact Investigator, James Astuto at (727)816-1242. 4AWU867 FEB 4, 20 i SERVICE GNDCOM ner UT voLss® usp 1 OF 4 Sincerely, TRACKINGS 124AW8674265045238 PROGRAM CODE: MVR ORG CODE: 7 CHARLES H. BRONSON HANDLING CHARGE 0.00 COMMISSIONER OF AGRICULTURE SINGLE-PIECE PUB RATE CHRGS: SVC 5.26 USD : . V @.00 CoD 8.00 RS 0.00 x... AAS DC 3.00 DGD 2.00 SD 0.60 Pal | ine : AH 0.00 PR 0.00 SP 0.00 ~ TOT PUB CHG 8.26 PUB+HANDLING 8.26 TM/ja Enclosures: Tony McDowell, Chief Bureau of Investigations Copy of Statutes/Registration Form Notice of Rights

Docket for Case No: 10-004495