STATE OF FLORA we - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES: %, ‘ co DIVISION OF MOTOR VEHICLES od, . : ALE - Be Ee Vy Boe Sie DEPARTMENT OF HIGHWAY SAFETY Po Ge AND MOTOR VEHICLES, DIVISION IGF a OL OF MOTOR VEHICLES, (, ~SDe IA Petitioner, Case No.: DMV-06-693 License No.: IA-0000770 v. JOSEPH D. TODD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Joseph D. Todd, 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-0000770, The address of 13021 139" Place, Wellborn, Florida 32094, 3. On or about April 7, 2006, Wayne Jordan, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home respondent installed for Don and Leah Christensen; 9810 Northwest 66" Terrace, Chiefland, Florida 32626 4. At the time of his inspection, Mr. Jordan noted the following violations: ‘a. No installer label was placed on the home, in violation of Rule 15C- 2.0073(7)(d), Florida Administrative Code; + b. I-beam piers were improperly placed, in violation of Rule 15C-1.0102(2), Florida Administrative Code; c. Not enough centerline piers were used and improper sized base pads were . used, in violation of Rule 15C-1.0102(1), Florida Administrative Code; d. Stabilizer plates were angled off center, in violation of Rule 15C-1.0102(2), Florida Administrative Code; e. Condensation was found in one of the HVAC ducts, in violation of Rule 15C- 1.0102(1), Florida Administrative Codes; £ Small leak found in the 3” drain line, in violation of Rule 15C-1.0102(1), Florida Administrative Code; ; Water line crossovers were not insulated, in violation of Rule 15C-1.0102(1), Florida Administrative Code; h. Drain lines were not supported at 4” intervals, in violation of Rule 15C- 1.0102(1), Florida Administrative Code, and i. Bottom board was not repaired in several locations, in violation of Rule 15C- 1.0102(1), Florida Administrative Code. 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, io 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 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, 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 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 available for this proceeding. Lvs) 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, Director Division of Motar 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 2/7 day of June, 2006. CAF‘ srb Copies furnished: Dwight Davis, Bureau Chief Division of Motor Vehicles Phil Bergelt, Program Manager License Installer Program By certified mail to: Joseph D. Todd 13021 139" Place Wellborn, Florida 32094

Docket for Case No: 06-002695