FILED 00 JUN 20 PH I: 00 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF ADMINISTRATIVE IN RE: The Matter of: MODULAR DWELLING BEARING case#: DCAOO-VR-O6 Uy INSIGNIA # MB 17254. 00-aAS53S3 / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF COMMUNITY AFFAIRS, files this Administrative Complaint and states: 1. Petitioner is the agency charged with enforcing regulation of the manufacture of manufactured buildings to be located within the State of Florida pursuant to Section 553.38(1), Florida Statutes. 2. This action concerns a manufactured building consisting of 2 modules currently located at 4915 Hungarian Road, Milton, Santa Rosa County, Florida, which building has received authorization by the Petitioner to bear Insignia # 17254, upon representation that said building was manufactured in ‘conformance with Plan # 285239. . 3. DANIEL, GI AS, 8383 North Old Palafox, Pensacola, Florida 32534, may oan caer have an interest in this cause as he is a party to a contract for purchase of the manufactured building aforesaid. 4. GREENPOINT CREDIT CORPORATION, a corporation actively conducting business in the State of Florida, with principal place of business at 10089 Willow Creek Road, San -l- ie ile ea aR In Re: Insignia ## MB 17254. Diego, California 92131, may have an interest in this cause as it is a party to a contract for purchase of the manufactured building aforesaid. 5. LIBERTY HOMES, INC., foreign corporation actively conducting business in the State of Florida, whose principal place of business is located at 495 Oak Road, Ocala, Florida 34472, may have an interest in this cause because it is the manufacturer of the manufactured building aforesaid. 6. A. T. HOMES, a corporation actively conducting business in the State of Florida, with principal place of business being located at 8120 North Pensacola Boulevard, Pensacola, Florida 32534, may have an interest in this cause as it is a party to a contract for purchase of the manufactured building aforesaid. 7. The subject manufactured building was issued Insignia # 17254 at a plant operated by LIBERTY HOMES, INC. 8. Between the time that the insignia was affixed to the subject manufactured building and its delivery and installation to its present location, the building was modified and altered. Specifically: (a). The manufactured building was damaged in transit to the installation site; and, (b). Some repairs were undertaken including removal of three outriggers from the main frame, welding of replacement outriggers to the main frame, and leveling of the floor over the outriggers. : 9. Said modification and alteration was not authorized by the Department or applicable law, nor were said modifications and alterations certified by the Department. -2- ln Re: Insignia 4 MB 17264 10. The subject manufactured 4 building, as modified and altered, and with the residual damage, fails to comply with the approved plans. 11. No local certificate of occupancy has been issued for the subject manufactured building. 12. Section 553.37(4), Florida Statute, and Rule OBI .011(5), Florida Administrative Code prohibit the modification or alteration of a manufactured building prior to installation * following the attachment of an insignia, accept as approved and certified by the Department. 13. Rule 9B-1.019, Florida Administrative Code commands that the Department remove the insignia of any manufactured building not conforming with its approved plans. 14. Based upon the foregoing, the subject manufactured building is in violation of applicable law the appropriate remedy being the removal of the insignia thereby subjecting the building to local inspection and permitting procedures. 15. Any party which would be substantially affected by the action of the agency as requested has the right to request a 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 7 subpoena duces tecum issued on his or her behalf if a hearing i is requested. 16. “Attached hereto and incorporated herein as ifre recited i in full are © copies of Rules 9B1.011, 9B-1.019 and 28-107.004, Florida Administrative Code, a copy of §553.37, Florida Statutes (1 999) and a Notification of Administrative Rights. . 17. In the event that no individual or entity with a substantial interest herein request 3. In Re: Insignia ## MB 17254 administrative proceedings with regard to this Administrative Complaint, an Order of the Department shall be entered directing the removal of the insignia on the above referenced manufactured building. WHEREFORE, the Petitioner respectfully requests entry of an Order directing the removal and confiscation of the insignia aforesaid pursuant to Section 553.37(4), Florida Statutes, ~ and Rules 9B-1.011(5) and 9B-1.019, Florida Administrative Code. DATED this 30 tay of _| } | arch 2000. Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided to DANIEL T. DOUGLAS, 8383 North Old Palafox, Pensacola, Florida 32534, GREENPOINT CREDIT CORPORATION, 10089 Willow Creek Road, San Diego, California 92131, LIBERTY HOMES, INC., foreign corporation actively conducting business in the State of Florida, 495 Oak Road, Ocala, Florida 34472, and A. T. HOMES, 8120 North Pensacola Boulevard, Pensacola, Florida 32534, by U. S. Mail, certified, return receipt requested, on this the 30 day of Mon , 2000. 4. wR BSL Bt a Copies to: Randall J. Aronson, Esq. 24 West Government Street — Pensacola, Florida 32501 B50 UB2- LAA Thomas V. Dannheisser, Esq. 6495 Caroline Street, Suite C Milton, Florida 32570-4978 950.903- 1057 In Re: Insignia 4 MB 17254 . Respectfully submitte J SL. OND, ESQ. Assistant General Counsel State of Florida, Department of Community Affairs : 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Tel. #: (850) 488-0410 Fax #: (850) 922-2679 Fla. Bar ID #: 0912440 Attorney for the Appellee, Florida Building Commission James Arby Van Slyke, Esq. Post Office Box 13244 Pensacola, Florida 32591-3244 Martin C. Riley 6051 Bagdad Highway, Room 202 Milton, Florida 32583 _ FILED, on thie date, with ne designated Agency Clark, receipt of whish is terelyy unowiedyed» Miriam Snipes Deputy Agency Clark FILED FLORIDA ADMINISTRATIVE CODE OOUN20 PH IC. "Re: Insignia # MB 17254 DIVISION 0 | . | ADMINISTRATIVE 9B-1.011 Change in Status, Alterations. HEARINGS - (1) Changes to Approved Plans and/or QCM. Where the manufacturer proposes changes to the plans, quality control manual or procedures, three copies of such changes shall be submitted to the Department through the inspection agency for approval. (2) Change of Ownership. Where there is a change of ownership of a manufacturing business having the Department's approval, the new owner shall forward to the Department a new agency contract, organizational chart, exclusive rights to states’ certified plans and notify the Department of such change within ten (10) days. If the new owner submits a statement that he will continue to manufacture in accordance with previously approved plans, new application and plan filing fees pursuant to the fee schedule in these rules and regulations shall not be required. (3) Change of Name or Address. In the event of a change in the name or address of any manufacturer or inspection agency, the Department shall be notified in writing within ten (10) days. (4) Discontinuance of Manufacture. When a manufacturer discontinues production ofa model carrying the Department's plan approval, the manufacturer shall, within ten (10) days, advise the Department of the date of such discontinuance. (5) Alteration or Conversion. Any unauthorized modification, “alteration or conversion _ made to an approved manufactured building prior to installation shall void the insignia of approval. ‘The insignia affixed to the building shall be confiscated by the inspection agency or the local building official as authorized by the - Departr nt and returned to th Department. (6) Off site modifications. Modifications made other than at the installation site shall require certification by the Department. ___(a) In order to recertify a used manufactured building the owner must provide the _ approved inspection agency with a set of the original or as-built plans of the building reflecting the proposed modifications. When the agency approves the plans to modify the building, the manufacturer is authorized to begin work on it. The agency shall forward a copy of the approved plans to the Department for its review and records. Once the agency has tested and/or evaluated each system in the building and certifies to the Department that the building is in compliance with the applicable codes, the Department will issue a recertification insignia to be affixed to the building. (b) Manufactured buildings which bear an insignia of approval can be modified after initial insignia is affixed in accordance with the provisions of this chapter. Only that portion of the building being modified is required to comply with the current codes while Page 1 of 6. andi Insiiita 3# MB 17950 ~~» ~ Legal Provision Attachment Marsh 28, 2000 the portion not being modified must comply with the original plans. The requirements and procedures for obtaining an initial insignia, including the fee schedule established in Rule 9B-1.020, shall apply to recertified buildings. (c) In order to certify a used manufactured building for which no state insignia has been issued, the agency must require a complete set of as-built plans prepared and sealed by a Florida professional engineer or architect. Under this subsection the entire building must be brought into compliance with the applicable codes. The agency shall forward a copy of the approved plans to the Department for its review and records. Once the agency has tested and/or evaluated each system in the building and certifies to the Department that the building is in compliance with the applicable codes the Department will issue a recertification insignia to be affixed to the building. (d) A building bearing a recertification insignia shall be deemed to comply with the requirements of all ordinances or regulations enacted by local governments which govern building construction. . (7) On-site Modifications. On-site modification to manufactured buildings must be “inspected by either an agency approved by the Department or by the local building official and ~ Must comply with the applicable codes. The manufactured building is not subject to locally _ adopted codes until it is taken out of compliance with the applicable state approved plans by "modifications, or the occupancy classification has changed. The local jurisdiction has superseding ~ authority over any on-site modifications to a manufactured building or may delegate this authority to the Department in writing on a case-by-case basis. Upon issuance of a certificate of occupancy for the modified manufactured building, the old insignia shall be removed and returned to the Department. Specific Authority 553.37(1) FS. __ Law Implemented 553.37(1), (4) FS. History--New 1-17-72, Amended 2-23-75, 3-1-80, 9-29-82, 11-1-84, Formerly 9B-1.11, Amended 1-1-87, 3-1-92, 3-1-95. ‘Page 2 of 6 ee ee ~ Insignia $# MB 17254 ~ Legal Provision Attachment Mareh 29, 2600 9B-1.019 Removal of Insignia. In the event that any manufactured building bearing the insignia is found to be in violation of the approved plans prior to the issuance of the local certificate of occupancy, the agency or Department shall remove the insignia on such defective unit and shall furnish the owner or his agency with a written statement of such violations. Specific Authority 553.37(1) FS. ‘Law Implemented 553.37(2), (3), (4), 553.38(1) FS. History--New 1-17-72, Amended 9-17-73, Repromulgated 2-23-75, Amended 3-1-80, Formerly 9B-1.19, Amended 3-1-95. 28-107.004 Suspension, Revocation, Annulment, or Withdrawal, (1) Prior to the entry of a final order to suspend, revoke, annul, or withdraw a license, the -agency shall serve upon the licensee an administrative complaint in the manner set out in Section 120.60(5), F.S. (2) The agency shall issue an administrative complaint which shall contain: ° (a) The statutory provision(s) or section(s) of the Florida Administrative Code alleged to have been violated. ; (b) The facts or conduct relied on to establish the violation, and (c) A statement that the licensee has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, F.S., 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 his or her behalf if a hearing is requested. (3) Requests for hearing filed in accordance with this rule shall include: _ (a) The name and address of the party making the request, for purposes of service; A statement that the party is requesting a hearing involving disputed issues of “material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. -(4) The agency complaint shall be considered to be the petition, and the agency shall have the burden of proving that grounds exist which warrant the action proposed to be taken against the licensee. (5) Following receipt of a recommended order, the agency attorney or qualified Page 3 of 6 a A © nslunta 4 MB 17954 * Legal Provision Attachment Mareh 28, 2000 representative who acts on behalf of the agency in the conduct of the hearing will not serve as legal advisor to the agency head during subsequent proceedings which result in the issuance of the final order. Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57, 120.60 FS. History--New 4-1-97. Page 4 of 6 A RRR ce ce this part upon manufacture or first sale shall not require an additional approval or insignia by a insignia 3¢ MB 7254 oe a 00 JUN 20 PM I: 00 Legal Provision Attachment DIVISION OF Marsh 26, 2000 | | ADMINI STRATIVE FLORIDA STATUTES HEARINGS Insignia # MB 17254 553.37 Rules; inspections; and insignia — (1) The department may enter into contracts and take actions necessary and incidental to the administration of its authority under this part. In addition, the department shall adopt rules in accordance with chapter 120 setting requirements for construction or modification of , “manufactured buildings and building modules, to address: (a) Submittal to and approval by the department of manufacturers! drawings and specifications, including any amendments. (b) Submittal to and approval by the department of manufacturers’ internal quality control procedures and manuals, including any amendments. . (c) Issuance, cancellation, and revocation of any insignia issued by the department and procedures for auditing and accounting for disposition of them. (d) The performance by the department of any other functions required by this part. fant Ages Ee etenp eee Speperreregr Eps epee: ames eee ow (2) After the effective date of the rules adopted pursuant to this part, no manufactured building, except as provided in subsection (9), may be installed in this state unless it is approved and bears the insignia of approval of the department. Approvals issued by the department under the provisions of the prior part shall be deemed to comply with the requirements of this part. (3) All manufactured buildings issued and bearing insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local government which govern: tructi (4) No manufactured building bearing department insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation, except in conformance with the rules of the : department. ings which have been issued and bear the insignia of approval pursuant to local government in which they are subsequently sold or installed. (6) Ifthe department determines that the standards for construction and inspection of manufactured buildings prescribed by statute or rule of another state are at least equal to rules i “prescribed under this part and that such standards are actually enforced by such other state, it may t " provide by rule that the manufactured building which has been inspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the . Page 5 of 6 k Insignia $B 17254 Leyal Provision Attachment Mareh 28, 2000 affixing of the appropriate insignia of approval. (7) The department, by rule, shall establish a schedule of fees to pay the cost incurred by the department for the work related to administration and enforcement of this part. (8) The department may delegate its enforcement authority to a state department having building construction responsibilities or a local government. The department itself shall not inspect _ manufactured buildings but shall delegate its inspection authority to a state department having building construction responsibilities, a local government, an approved inspection agency, or an agency of another state. (9) Custom or one-of-a-kind prototype manufactured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site. History.—s. 3, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 79-152; ss. 1, 4, ch. 80-86; ss. 2, 3, ch. 81-318; ss. 1, 3, 4, ch. 84-32; s. 4, ch. 91-429; 1, ch. 98-145. “Page 6 of 6 1 Onision Of AGMINISiduve fica ig? NOTIFICATION OF ADMINISTRATIVE RIGHTS: BE You may have the opportunity for an administrative proceeding pursuant to Section 120.569, Florida Statutes, regarding the agency’s proposed action. Depending upon whether you allege any disputed issue of material fact in your request for an administrative proceeding, you are entitled to either an informal proceeding or a formal hearing. Ifyour request for hearing does not allege any disputed issue of material fact contained in the Department’s proposed action, then the administrative proceeding will be an informal one, conducted pursuant to Sections 120.569 and 120.57(2), Florida Statutes, and Chapter 28-106, Parts I and III, Florida Administrative Code. In an informal administrative proceeding, you may be represented by counsel or by a qualified representative, and you may present written or oral ~evidence in opposition to the Department’s proposed action or refusal to act; or may exercise the option to present a written statement challenging the grounds upon which the Department has chosen to justify its proposed action or inaction. If you dispute any issue of material fact stated in the proposed agency action, then you may file a request for hearing requesting a formal administrative hearing before an administrative law judge of the Division of Administrative Hearings, pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Chapter 28-106, Parts I and II, Florida Administrative Code. At ; a formal administrative hearing, you may be represented by counsel or other qualified | Tepresentative, and you will have the opportunity to present evidence and argument on all issues | involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed finding of fact and orders, and to file exceptions to any recommended order. Mediation is not available with respect to this action. Ifyou desire either an informal proceeding or formal hearing, you must file with the Agency Clerk of the Department of Community Affairs a written pleading entitled “Request for Hearing” with 21 calendar days of receipt of this notice. A request for hearing is filed when it is received by the Agency Clerk, in the Department’s Office of General Counsel, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. You may also file the request for hearing by facsimile transmission to (850) 487-6769. If you choose to file by facsimile transmission, you are : responsible for verifying that the complete document was received by the Office of the Agency , Clerk prior to the deadline, _. The request for hearing must meet the filing requirements in Rule 28-106. 104(2), Florida Administrative Code .. The request for hearing must include the name and address of the party making the request, for purposes of service; a statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and a reference to the notice, order to show cause, administrative complaint, or other communication that the party has receive from the agency. oer mene Page | of 2 yw aa) You waive the right to an administrative proceeding if you do not file a request for hearing with the Agency Clerk within 21 calendar days of receipt of this notice. In that case, you will be sent a final order by the Department stating that you have waived your right to an administrative proceeding, and explaining that you still have the right to file an additional appeal with the District Court of Appeal for a period of thirty (30) days from the date the final order is issued by the Department. ; Page 2 of 2

Docket for Case No: 00-002533