STATE OF FLORIDA PILED ass DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES - DIVISION OF MOTOR VEHICLESOS SEP 19 A} DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMYV-06-757 License No.: TH-0000494 v. ‘TRINITY MCCALL, Dl - 4S 24 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Trinity McCall, 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-0000494. The address of record is 4135 Cottage Hill, Lake Wales, Florida 33859. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. | 4. On or about June 8, 2006, James McGowan, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home that respondent installed for Mary Lou, Witte, of 8606 Gibson Oaks Drive, Lakeland, Florida 33809. 5, At the time of his inspection, Mr. McGowan noted the following violations: 6. Home was delivered and installed before the permit was obtained, in violation of Rule 15C-2.0073(8), Florida Administrative Code; Installer decal was not affixed to home, in violation of Rule 15C-2.0073(7)(d), Florida Administrative Code; , . There was no bonding wire at mate line between frames, in violation of Rule 5C-2.0072(4)(a), Florida Administrative Code, and . Trim and soffit at the end gables was not finished and not moisture proof, in violation of Rule 15C-2.0073(6), Florida Administrative Code. 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, Horida Administrative Code. 7. COUNT TWO Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 8. On or about June 8,'2006, James McGowan, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home that respondent installed for Florence Pearson, of 2525 Shiner Drive, Lake Wales, Florida 33898. 9, At the time of his inspection, Mr. McGowan noted the following violations: a. Installer decal was not affixed to home, in violation of Rule 15C-2.0073(7)(d), Florida Administrative Code; . Home was not installed level, the back door was not blocked so that it will open and close, in violation of Rule 15 C-2.0073(6), Florida Administrative Code; Diagonal auger anchors were installed to 5°10” on center, in violation of Rule 15C-1.0104(2), Florida Administrative Code, and Two corner piers were single blocked in excess of 24” high, in violation of Rule 15C-1.0103(1)(d), Florida Administrative Code. ) ) 10. 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. COUNT THREE 11. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 12. On February 28, 2006, the Department entered a Final Order placing Respondent on probation for a period of six months, The Order required that Respondent was not to violate section 320.8249, Florida Statues and the rules promulgated pursuant thereto, the Order also stated that a violation of the terms of this probation shall be considered a violation of probation and section 320.8249, Florida Statutes, for which probation may be revoked and disciplinary action taken. 13. Based on the foregoing and Counts one and two above, Respondent has violated the terms and conditions of probation and section 320.8249, Florida Statutes 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 3 ) ) 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 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, 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 fatlure 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. atl 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 2prctay of June, 2006. “4 CAF: clb Copies furnished: Dwight Davis, Bureau Chief Division of Motor Vehicles Phil Bergelt, Program Manager License Installer Program By certified mail to: Trinity McCall 4135 Cottage Hill Lake Wales, Florida 33859

Docket for Case No: 06-003529PL