STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES “ DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-04-0545 License No.: TH-0000645 v. FRANKLIN D. RUSSELL, ; ; dy -35tuPre Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Franklin D. Russell, 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, 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-0000645. The address of 2549 Sidney Blanton, Perry, Florida 32347. 3. On or about May 17, 2004, Wayne Jordan, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home that respondent installed for James and Sylvia Hayes, 8591 Northwest 127" Place, Chiefland, Florida 32626. 4, At the time of his inspection, Mr. Jordan noted the following violations: A section of two centerline anchors had been cut out and the anchors had been re-welded and installed. Some concrete had been added to give the impression of correct installation, in violation of Rule 15C-1.0102(4), Florida Administrative Code; b. Incorrect length of anchors were installed, in violation of Rule 15C-1.0102(4), Florida Administrative Code; Anchor holes had not been packed in six inch layers, in violation of Rule 15- C.1.0102(4), Florida Administrative Code; d. A frame time was not installed within two feet of the end of the front of the home, in violation of Rule 15C-1.0104(2), Florida Administrative Code; Four or more frame ties were installed at incorrect angle, in violation of Rule 15C-1.0102(2), Florida Administrative Code; £ The lower jaw of the frame clamps did not properly clamp the top flange of the I-beam in all locations, in violation of Rule 15C-1.0102(2), Florida Administrative Code; Two or more piers had improper top plates installed, in violation of Rule 15C- 1.0103(1)(b), Florida Administrative Code; h. The centerline piers on the ends of the home were not installed the correct length from the end of the home, in violation of Rule 15C-1.0103(1)(c), Florida Administrative Code; One loose pier was on the interior I-beam, in violation of Rule 15C- 1.0103(1}{b), Florida Administrative Code; No fasteners were found on the end walls of the home, in violation of Rule 15C-1.0104(6), Florida Administrative Code, and k. Site was improperly prepared as water runs under the home on the back side, in violation of Rule 15C-1.0102(3). 5. Based on the foregoing, Respondent violated section 320.8249(9)(g), Florida Statutes, by violating the installation standards contained in Rules 15C-1.0102 to 15C-1.0104, Florida Administrative Code. 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(s) and subpoena(s) 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 Department by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring the Department 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 Department by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations of fact you are disputing and ensuring the Department 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 Department informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. 3. If you wish to settle this matter now, indicate this by checking the appropriate space, marked as “3” on the Election of Rights form and ensure the Department receives it, along with any required check made payable to the Division of Motor Vehicles, and the signed Settlement Stipulation within 21 days from the date of your receipt of this Administrative Complaint. 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 available for this proceeding. 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. ‘arl A. Ford, Direct 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 2222 day of July, 2004. CAF :clb Copies furnished: Dwight Davis, Bureau Chief Division of Motor Vehicles Phil Bergelt, Program Manager License Installer Program By certified mail to: Franklin D. Russell 2549 Sidney Blanton Perry, Florida 32347

Docket for Case No: 04-003566PL