0. ff o yb ™ ea” ry STATE OF FLORIDA a &y DEPARTMENT OF HIGHWAY SAFETY AND MOTOR veces, J So, Ay DIVISION OF MOTOR VEHICLES 4s ‘ "S yf} 748 ty ¥ DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-05-718 License No.: TH-0000645 FRANKLIN D. RUSSELL, OS- » ¥I4 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 record is 2549 Sydney Blanton, Perry, Florida 32347. ) 3. On or about September 6, 2005, David Cowfer, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home that respondent installed for Pierre Cote, 12568 Spring Warrior Road, Perry, Florida 32347. 4. At the time of his inspection, Mr. Cowfer noted the following violations: ‘a. Home was not level, in violation of Rule 15C-2.0073(6), Florida Administrative Code; . One section of home was not aligned with the other section where the roof meets, in violation of Rule 15C-1.0102(1), Florida Administrative Code; . Both I-beams were damaged on kitchen half of home, in violation of Rule 15- C.1.0102(1), Florida Administrative Code; . Improper size frame tie beam clamps were used, in violation of Rule 15C- 1.0102(2), Florida Administrative Code; . . All beam clamp bolts were loose, in violation of Rule 15C-1.0102(2), Florida Administrative Code; Three of four plastic stabilizer plates were not aligned with the anchor shaft, in violation of Rule 15C-1.0102(2), Florida Administrative Code; . Galvanized straps that were used to fasten floors and endwalls at the centerline were not fastened with proper size fastener, in violation of Rule 15C~-1.0102(1), Florida Administrative Code; . Wood shims on several piers were overdriven, exceeding the 1 4%” maximum, in violation of Rule 15C-1.0103(1)(b), Florida Administrative Code; One centerline pier was not capped with wood or concrete, in violation of Rule 15C-1.0103(1)(b), Florida Administrative Code; Three piers had cracked solid concrete cap blocks, in violation of Rule 15C- 1.0102(6), Florida Administrative Code, and . Door support pier was installed in wrong location, in violation of Rule 15C- 1.0103(1)(c), Florida Administrative Code; Incorrect size wood shims used for door piers, in violation of Rule 15C- 1.0103(1)(b), Florida Administrative Code; . Incorrect tape was used for bottom board close up and repair at the centerline, in violation of Rule 15C-2.0073(6), Florida Administrative Code; . Several holes in bottom board were not sealed throughout, in violation of Rule 15C-2.0073(6), Florida Administrative Code; . Horizontal vinyl siding fasteners were installed too tight; in violation of Rule 15C-2.0073(6), Florida Administrative Code; p. Horizontal vinyl siding was not fastened 16” on center, in violation of Rule 15C-2.0073(6), Florida Administrative Code; q. Drip edge used to close up centerline on each end has been cut off and will not cover exposed facia board and roof decking, in violation of Rule 15C- 2.0073(6), Florida Administrative Code, and r. Nails were exposed in roof shingles, in violation of Rule 15C-2.0073(6), Florida Administrative Code. 5. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating any law or rule relating to installing, repairing, or dealer in mobile homes or any lawful order of the department. 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, 3 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 Tight 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, Directof 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 26 €2day of September, 2005, | 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: 05-003819