STATE OF FLORIDA DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Case No.: - DMV-07-436 Petitioner, / . License No.: TH-0000086 Y. DENNIS E. RIEDEL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Dennis E. Riedel, Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of mobile home installation pursuant to section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001, 15C-1, 15C-2, and 28-107.004, Florida Administrative Code, 2. Respondent is, and has been at all times material hereto, a licensed mobile - home installer in the State of Florida, having been issued license number IH-0000086. The address of record is 11319 Simmons Road, Jacksonville, Florida 32218. 3. Section 320.8249(9)(c), Florida Statutes, states in part, a licensed person may not violate any law or rule relating to installing, repairing, or dealing in mobile homes. COUNT ONE 4. Petitioner realleges and incorporates as if fully stated he ch Li ava uel aqaius. allegations contained in the paragraphs above. Th 5. On or about September 21, 2006, Wayne Jordan and John Priester, se Division of Motor Vehicles Community Assistance Consultants, inspected a mobile home respondent installed for Juliette Lucas, 6200 County Road 315C, Keystone Heights, Florida. 6. At the time of their inspection, Mr. Jordan and Mr. Priester noted the following violations: a. Diagonal or frame ties were improperly spaced, in violation of Rule 15C-1.0104(2), Florida Administrative Code; b. Frame clamp bolts were not properly tightened, in violation of Rule 15C-1.0102(2), Florida Administrative Code; c. Wood was not installed between the galvanized pad and concrete blocks, in violation of Rule 15C-1.0102(2), Florida Administrative Code; d. Centerline and outside vertical anchors were improperly installed, in violation of Rule 15C-1.0102(4), Florida Administrative Code; e. Galvanized pans were not installed flush with the ground, in violation of Rule 15C-1. 0102(2), Florida Administrative Code; f. Two pier blocks were cracked, in violation of Rule 15C-1.0102(1), Florida Administrative Code; g. Bottom board was not repaired in several locations, in violation of Rule 15C-1.0102(1), Florida Administrative Code; h. HVAC drop out and duct were improperly installed, in violation of Rule 15C-1.0102(1), Florida Administrative Code; Deal aed i. Plumbing drain lines were not properly supported, in tion of Rule! _ 15C-1.0102(1), Florida Administrative Code; ga a Ded j. Electrical crossover was improperly protected, in violation of Rules 15C-1.0102(1), Florida Administrative Code; . k. Vinyl siding fasteners were over spaced, in violation of Rule 15C- 1.0102(1), Florida Administrative Code, and “1. Outside drain to the septic tank was improperly installed, in violation of Rule 15C-1.0102(1), Florida Administrative Code. 7. Based on the foregoing, Respondent violated section 320.8249(9)(c),- Florida Statutes, by violating any law or rule relating to installing, repairing, or dealing in mobile homes. COUNT TWO 8. Petitioner realleges and incorporates as if fully stated herein the allegations contained in one, two and three, above. 9. On or about October 6, 2006, Wayne Jordan and John Priester, Division of Motor Vehicles Community Assistance Consultants, inspected a mobile home respondent installed for Todd Ellis, 2615 C. H. Arnold Road, St. Augustine, Florida 32092. 10. At the time of their inspection, Mr. Jordan and Mr. Priester noted the following violations: a. Site was not properly prepared for placement of home as water will accumulate under the home, in violation of Rule 15C-1.0102(3), Florida Administrative Code; b. Centerline anchors were installed with improper strap revolution, in violation of Rule 15C-1.0102(2), Florida Administrative Code; c. Bottom board was not properly sealed at the centerline, in violation. of Rule 15C-2.0073(6), Florida Administrative Code; d. Improper use of wood on open cell blocks, in violation of Ralg, 15C- 1.0103(1)(b), Florida Administrative Code; e. Straps and anchors were not installed to three brack centerline, in violation of Rule 15C-1.0104(4)(b), Fl Administrative Code; _ re, f.. Piers were improperly located on the centerline, in violatign of bi 15C-1.0102(1), Florida Administrative Code; g. Improper sized centerline pads: were installed, in violation of Rule 15C-1.0102(2), Florida Administrative Code; h. Air conditioning ducts were torn and lying on the ground, in violation of Rule 15C-1.0102(1), Florida Administrative Code; : i. Crossover electrical wires were left open and exposed on the © centerline, in violation of Rule 15C-1.0102(1), Florida Administrative Code; j. One pier was improperly installed, in violation of Rule 15C-1.0102(1); Florida Administrative Code; k. Longitudinal bolts/fasteners were not properly tightened, in violation of Rule 15C-1.0102(2), Florida Administrative Code; 1. Stabilizer plates were improperly installed, in violation of Rule 15C- 1.0102(1), Florida Administrative Code; m. Plumbing pipes were not properly strapped every four feet, in violation of Rule 15C-1.0102(1), Florida Administrative Code; n. Three or more piers had a block that was chipped or cracked, in violation of Rule 15C-1.0102(1), Florida Administrative Code; o. Anchors were installed 10 or more inches out of the ground, in violation of Rule 15C-1.0102(4), Florida Administrative Code; p. Pier cap was improperly installed, in violation of Rule 15C-1.0102(2), Florida Administrative Code; q. Fire place flange was not caulked, in violation of Rule 15C-1.0102(1), Florida Administrative Code; r. Crossover water lines/pipes were not insulated, in violation of Rule 15C-1.0102(1), Florida Administrative Code, and s.. Holes in roof shingles from wind screen were not sealed, in violation of Rule 15C-1.0102(1), Florida Administrative Code. ll. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating any law or rule relating to installing, repairing, or dealing in mobile homes. COUNT THREE 12. Petitioner realleges and incorporates as if fully stated here allegations contained in paragraphs one, two and three, above. aga d WN ttt 13. On or about January 2, 2007, John Priester, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home respondent installed for David Moody, 361 Aries Drive, Orange Park, Florida 32073. 14. At the time of his inspection, Mr. Priester noted the following violations: a. Site was not properly prepared for placement of home as water may accumulate under the home, in violation Rule 15C-1.0102(3), Florida Administrative Code; b. Piers were improperly installed, in violation of Rule 15C-1.0103)1)(a), Florida Administrative Code; c. G-2 straps were improperly installed to one anchor, in violation of Rule 15C-1.0102(2), Florida Administrative Code; d. Frame ties were installed at improper angle in violation of Rule 15C- 1.0102(2), Florida Administrative Code; e. Bottom board was not sealed properly, in violation of Rule 15C-2. 0073(6), Florida Administrative Code; f. Improper piers were installed on the centerline, in violation of Rule 15C-1.0102(2), Florida Administrative Code, and g. Drip edge was not installed, in violation of Rule 15C-1.0102(1), Florida Administrative Code. qaus 15. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating any law or rule relating to installing, repairing, or dealing in mobile homes. COUNT FOUR 3 > 3 16. Petitioner realleges and incorporates as if fully stated herein the? = a Zz < = allegations contained in paragraphs one, two and three, above. _ Tl Dine 17. On or about February 16, 2007, John Priester, Division of Me t Vehicles a) rm us Community Assistance Consultant, inspected a mobile home respondent installed for. John C. Wohlmaker, 100 Peppermint Avenue, Middleburg, Florida 32068. 18. At the time of his inspection, Mr. Priester noted the following violations: a. Frame ties were not installed at 5’ 4” on center, in violation of Rule 15C-.0104(2), Florida Administrative Code; b. Four or more stabilizer plates were improperly installed, violation of Rule 15C-1.0104(5), Florida Administrative Code; c. Three or more anchors were improperly installed, in violation of Rule 15C-1.0102(4), Florida Administrative Code, and d. Bottom board was not properly repaired in several locations, in violation of Rule 15C-2.0073(6), Florida Administrative Code. 19, Section 320,8249(9)(c), Florida Statutes, states in part, a licensed person may not violate any law or rule relating to installing, repairing, or dealing in mobile homes. EXPLANATION OF RIGHTS You have 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 subpoena duces tecum issued on your behalf if a hearing is requested. In response to the allegations set forth above, you must make one of the following elections and file your response within twenty-one (21) days from the date of your receipt of this Administrative Complaint. Please make your election on the enclosed Election of Rights form and ensure the Department receives it within 21 days. 1. If you admit the material fact(s) alleged in this Administrative Complaint, you may request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motor Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present either written and/or oral evidence in mitigation of any proposed penalty. A request for this type of hearing, in which no material facts are in dispute, should be directed to the Office of the Hearing Officer, 2900 Apalachee Parkway, MD-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399 receives it within 21 days from the date of your receipt of this Administrative Complaint. 2. If you dispute any material fact alleged in this Administrative Complaint, you must present sufficient evidence of your dispute and you may request a hearing, pursuant to section 120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute, should be directed to the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “2” on the Election of Rights form, and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399 receives it within 21 days from the date of your receipt of this Administrative Complaint. If you elect an evidentiary hearing, you must keep the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399 informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. In the event you fail to file your election in this matter with the Department within 21 days from your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute the alleged facts and the Department may proceed to enter a Final Order. Pursuant to section 120.573, Florida Statutes, mediation is not ava proceeding. seed LIN WHEREFORE, the Department hereby gives notice of its intent to-enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine, placement of Respondent on probation, imposition of testing requirements and/or any other relief deemed appropriate. CAF:clb Copies furnished: Bureau of Mobile Homes & RV Const. Phil Bergelt, Program Manager License Installer Program By certified mail to: Dennis E. Riedel 11319 Simmons Road Jacksonville, Florida 32218 Lebar D Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division of Motor Vehicles this _{@ “day of April, 2007. ge 2% ci UI AVA L002

Docket for Case No: 07-002134PL