wo ed STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 7 DIVISION OF MOTOR VEHICLES CASE NO. DMV-00-175 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION © OF MOTOR VEHICLES, f 0° [7 Petitioner, vs. , License No.: TH-0000130 Jarvis R. Phillips d/b/a Jabo’s Licensed Installer 9842 103" Street Jacksonville, Florida 32210, Respondent. ; / ADMINISTRATIVE COMPLAINT The Department of Highway Safety and Motor Vehicles, pursuant to Rules 15-2.001 and 28-107.004; Florida Administrative Code, and Sections 120.60, and 320.8249, Florida Statutes, notifies the Respondent that, unless an administrative proceeding is ~ timely requested as stated below, the Department will fine, suspend or revoke Respondent’s . mobile home installer license. | I SPECIFIC FACTS In issuing this Administrative Complaint, the Department relies on the following facts: eS, 1. Respondent, Jarvis R Phillips, holds a mobile home installer license, number IH-0000130, issued by the department pursuant to section 320.8249, Florida Statutes. The address of the license is 9842 103 Street, Jacksonville, Florida, 32210. _ 2. On September 8, 1999, Respondent contracted for the move and reinstall a mobile home belonging to Doug and Theresa Robinson from the Mayport Naval Base, Florida to Gaston, North Carolina. 3. The home was moved and eventually located on the property but the home was never re- blocked or leveled nor were anchors installed. Mr. and Mrs. Robinson paid $525 to Respondent for these two processes. 4. Respondent claimed in a response to the Better Business Bureau of Jacksonville that it would refund the Robinson’s money for these activities by November 19, © 1999, The money was never refunded. 5. The Robinson’s contracted with another service to properly install the mobile home and paid $830 for that installation. Il STATUTES AND RULES VIOLATED The above facts constitute violations of the following statutes and rules administered by the department: : oe _ 1. Section 320,8249(9)(0), Florida Statutes — committing fraud or deceit in the practice of contracting. | 2. Section 320.8249(9)(e), Florida Statutes — incompetence or misconduct in a practice of contracting. sectmmpeeeenr'e wapsege + -nmenpegaeee soaps (upeiresrtesaeyoae a ecsapeten ae 3. Section 320.8249(9)(g), Florida Statutes — commit violations of the installations standards for mobile homes or manufactured homes contained in the Florida Administrative Code. ii ADMINISTRATIVE PROCEEDING Respondent has the right to request an administrative proceeding to be conducted in accordance with Sections 120.569, 120.57, and 120.60, Florida Statutes, to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses and have subpoena and subpoena duces tecum issued on its behalf if it requests a proceeding. Pursuant to Section 120.60, Florida Statutes, Respondent is given twenty-one (21) days notice by certified mail receipt of this action. Unless a request for an administrative proceeding is received in writing at the address listed below on or before the twenty-first (21st) day following the service of this complaint, this complaint will be deemed admitted by default ~ and such dealer will have its license fined, suspended or revoked according to the allegations stated above. Request for an administrative proceeding shall be sent by certified mail to the Department ais Mr. Charles J. Brantley, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399 The request shall include: cl. The name and address of the party making the request, for the purpose of service. ay a : ~ 2. A statement that the party is requesting either a formal or informal | proceeding. | 3. A reference to this Administrative Complaint, dated this __ 22 day of February, 2000. : Pursuant to Section 120.573, Florida Statutes, mediation is not available for this | proceeding. | Division of Motor Vehicles Oo Department of Highway Safety and | Motor Vehicles : Neil Kirkman Building, Room B439 Tallahassee, Florida 32399 | | _ Filed in the official records of the : Division of Motor Vehicles this nZc2day of February, 2000. Copies furnished: ; Ed Broyles, Chief Bureau of MH/RV Construction Phil Bergelt, Program Manager Bureau of MH/RV Construction By certified mail to: Jarvis R. Phillips : d/b/a Jabo’s Licensed Installer : 9842 103° Street Jacksonville, Florida 32210 C:/jennifer/legal/complaints/phillips : if \ : ' ; :

Docket for Case No: 00-001174