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.: OMV· 09-0877 License No.: IH-0000781

v.

ANTHONY J. BLISS,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Stephen Sims, 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 IH-0000781. The address of record is 5325 Northwest 49th Court, Coconut Creek, Florida 33073.

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. On or about March 9, 2009, Rick Longbrake, Division of Motor Vehicles Community Assistance Consultant, inspected a mobile home Respondent installed for Douglas Pratt, Asset Management Acceptance, 3171 Southwest 52nd Avenue, Davie, Florida 33314.

5. At the time of his inspection, Mr. Longbrake noted the following violations:

   
   

   Filed June 4, 2009 8:04 AM Division of Administrative Hearings.

   1. Frame clamps on all of the diagonal frame tie downs did not clamp the beam flange correctly, in violation of Rule lSC-1.0102(2), Florida Administrative Code;

      
      

   2. Six vertical tie down straps had been cut off flush with the bottom of the floor and no anchors were installed, in violation of Rule 15C-l.0104(5)(g), Florida Administrative Code;

      
      

   3. Several diagonal frame tie down straps were installed at an improper angle, in violation of Rule lSC-1.0102(2), Florida Administrative Code;

      
      

   4. Mechanical fasteners were not installed at the mating line of both end walls, in violation of Rule lSC-1.0104(6), Florida Administrative Code;

      
      

   5. Vinyl lap siding was loose and not secured properly at both end walls, in violation of Rule lSC-2.0073(6), Florida Administrative Code, and

      
      

   6. Electrical cross over wires were exposed and hanging below the floor; not installed in a junction box, in violation of Rule lSc-2.0072(4)(A), Florida Administrative Code.

      
      

6. On March 25, 2009, the Department received a completion letter signed by the Respondent indicating that all items cited in paragraph five above had been repaired.

7. On or about April 1, 2009, Rick Longbrake, Division of Motor Vehicles Community Assistance Consultant made his second inspection of the home listed in paragraph four above. At the time of his inspection, Mr. Longbrake noted that items a, b, c, d and f listed in paragraph five above had been repaired and that item e listed in paragraph five above had not been repaired.

6. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating the installation standards contained in Rules lSC-1.0102 to lSC-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 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 Hearings before an Administrative Law Judge. A request for this type of evidentiary hearing, iffwhich 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 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.

Division of Motor Vehicles Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600

CAF:clb

Copies furnished:

Dwight Davis, Bureau Chief Division of Motor Vehicles

Wayne Jordan, Program Manager License Installer Program

Filed in the official records of the Division G otor Vehicles

3.!Pday

this of May, 2009.

By certified mail to:

Anthony J. Bliss

5325 Northwest 49th Court Coconut Creek, Florida 33073

Docket for Case No: 09-003013PL

Orders for Case No: 09-003013PL