FILED JUN 2, 2009 3 v Docketad by:. THE TREASURER OF THE STATE OF FLORIDA : DEPARTMENT OF INSURANCE ADMIN! TRATIVE Hi A PLi RTE es BILL NELSON HEARINGS IN THE MATTER OF: OO-a fa) y Case No: 33003-00-FM ATLANTIC COAST FIRE EQUIPMENT, INC// DONALD EARL CLEVELAND / ADMINISTRATIVE COMPLAINT TO: ATLANTIC COAST FIRE EQUIPMENT, INC./ DONALD EARL CLEVELAND 3380 N. Old Dixie Hwy Delray Beach, FL 33483 DONALD EARL CLEVELAND 206 SW 4" Avenue Boynton Beach, FL 22439 You DONALD EARL CLEVELAND, are hereby notified that the Insurance Commissioner of the State of Florida (also referred to herein as the “Department”) has caused to be made an investigation of your activities while licensed as a fire equipment dealer in this state, and as a result alleges the following. GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, you, DONALD EARL CLEVELAND, are currently licensed in this state as a fire equipment dealer. 2. At all times pertinent to the dates and occurrences referred to hérein, you, DONALD EARL CLEVELAND, were licensed in this state as a fire equipment dealer. nOGTRRASU RR AB nese WY Nw 3. Pursuant to Chapter 633, Florida Statutes, the Florida Department of Insurance has jurisdiction over your license as a fire equipment dealer. 4. Pursuant to Chapter 633, Florida Statutes, you, DONALD EARL CLEVELAND, are the fire equipment dealer license qualifier for Atlantic Coast Fire Equipment, Inc. 5. All employees of Atlantic Coast Fire Equipment, Inc. are under the direct supervision and control of you, DONALD EARL CLEVELAND. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. On or about May 6, 1999, an employee of Atlantic Coast Fire Equipment, Inc. inspected and serviced a preengineered system in the Days Inn located at 1700 West Broward Boulevard, Ft. Lauderdale, Florida. 8. During this service and inspection, an employee of Atlantic Coast Fire Equipment, Inc. failed to inspect, service, and maintain the preengineered system in accordance with the manufacturer’s maintenance procedures and with the applicable National Fire Protection Association standards. | . 9. A fire occurred at the Days Inn on or about August 2, 1999, which caused damage to the property. 10. Asa result of the fire, the Ft. Lauderdale Fire Department requested that the Office of the State Fire Marshal conduct an investigation. 11. The subsequent investigation discovered the failure in inspection and service. IT IS THEREFORE CHARGED, that you, DONALD EARL CLEVELAND, have violated or are accountable under the following provisions of the Florida Insurance Code and__ wo . ‘ Ww . A Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your license as a fire equipment dealer. (a) It is unlawful for any organization or individual to engage in the business of servicing, repairing, recharging, testing, marking, inspecting, installing, or hydrotesting any fire extinguisher or preengineered system in this state except in conformity with the provisions of this chapter. [Section 633.061(1), Florida Statutes] (bo) | Equipment shall be inspected, serviced, and maintained in accordance with the manufacturer's maintenance procedures and with the applicable National Fire Protection Association standards. [Section 633.065(2), Florida Statutes] (©) The violation of any provision of this chapter or any rule adopted and promulgated pursuant hereto or the failure or refusal to comply with any notice or order to correct a violation or any cease and desist order by any person who possesses a license or permit issued pursuant to section 633.061 is cause for denial, nonrenewal, revocation, or suspension of such license or permit by the State Fire Marshal after such officer has determined that the person is guilty of such violation. [Section 633.162(1), Florida Statutes] @ In addition to the grounds set forth in subsection (1), it is cause for denial, nonrenewal, revocation, or suspension of a license or permit by the State Fire Marshal if she or he determines that the licensee or permittee has: Improperly serviced, recharged, repaired, hydrotested, tested, or inspected a fire extinguisher or preengineered system. [Section 633.162(4)(c), Florida Statutes] WHEREFORE, you, DONALD EARL CLEVELAND, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your _license as a fire equipment dealer or to impose such penalties as may be provided under the we a ¢ YU : VY provisions of Sections 633.162 and 633.163, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses or eligibility held by you under the Florida Insurance Code. NOTICE OF RIGHTS Pursuant to Section 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have the right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. The Petition or Election must be received bY, and filed in the Department within twenty-one (21) days of the date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. Ifa proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence ra U . U in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary one will be conducted in Tallahassee, Florida or by telephonic conference call upon your request. If you dispute material facts which are the basis for this agency’s action you may request a formal adversarial proceeding pursuant to Section and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28- 106, F.A.C., and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; . b) Anexplanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. These proceedings are held before the State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee. If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. Pursuant to Section 120.573, Florida Statutes, you are hereby notified that mediation is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. DATED and SIGNED this 2 ¢ _ day of , 2000. BILL NELSON Treasurer and Insurance Commissioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing administrative complaint has been furnished to: ATLANTIC COAST FIRE EQUIPMENT, INC,/ DONALD EARL CLEVELAND, 3380 N. Old Dixie Hwy, Delray Beach, FL 33483 and DONALD EARL CLEVELAND, 206 SW 4" Avenue, Boynton Beach, FL by US. Certified Mail this__ 2 7 day of , 2000. SN David W. Nam, Esquire Florida Department of I Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, FL 32399-0333 (850)413-4134

Docket for Case No: 00-002924