STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES K-yyjoPe tly, DEPARTMENT OF HIGHWAY SAFETY AUB S/o. vA LEYS é AND MOTOR VEHICLES, DIVISION ds ip Ge < OF MOTOR VEHICLES, TG, i SOE Petitioner, Case No.: DMV- 08-1124 License No.: H-0000829 Vv. TIMOTHY W. SMITH, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of _ Motor Vehicles, files this Administrative Complaint against Timothy W. Smith, 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 28-106.2015, 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 TH-0000829. The address of record is 14550 County Road 122, Sanderson, Florida 32087. 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. 4. Rule 15C-2.0072(2) and Rule 15C-2.0073(8), Florida Administrative Code provides that a building permit must be obtained prior to the manufactured home or mobile home being moved to the site for setup and installation. 5. On or about May 14, 2008, the Department received a letter from Robert Hathcox, Building Office for Baker County Building Department that a home Respondent installed on the property located at 21827 Louis Combs Road, Sanderson, Florida was installed without a building permit being obtained prior to the manufactured home or mobile home installation. a. Building permit was not obtained prior to placement of home, in violation of Rule 15C-2.0073(8), Florida Administrative Code. 6. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating the installation standards contained in Rules 15C-2.0072(2) and Rule 15C- 2.0073(8), Florida Administrative Code by failing to obtain a building permit prior to the : ‘manufactured home or mobile home being moved to the site for setup and installation. — 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 Hearing, 2900 Apalachee Parkway, MS-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 Hearmgs 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 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 réquitéd check made payable to the Division 6f 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. CAF:clb Copies furnished: ‘arl 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 otor Vehicles this 22 day of June, 2008. Bureau of Mobile Home & RV Construction — Wayne Jordan, Program Manager License Installer Program By certified mail to: Timothy W. Smith 14450 County Road 122 Sanderson, Florida 32087

Docket for Case No: 08-004410PL