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.: DMV- 10-1002 License No.: IH-0000276

v.

CARL BROGLIN,

Respondent.

./

ADMINISTRATIVE COMPLAINT

Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehi cles, files this Administrative Complaint against Carl Broglin, 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-0000276. The address of record is 5620 Northwest 44th Avenue, Ocala, Florida 34482.

3. Section 320.8249(13), Florida Statutes, states in part "An installation decal shall be affixed to the manufactured home or mobile home prior to installation".

4. Rule 15C-2.0072(2) and 15C-2.0073(7)(d), Florida Administrative Code provides that one decal must be placed on each home prior to installation.

   
   

   Filed January 26, 2011 2:31 PM Division of Administrative Hearings

5. Rule 15C-2.0072(2) and 15C-2.0073(8), Florida Administrative Code provides that a building permit must be obtained prior the manufactured home or mobile home installation.

   COUNT ONE

   
   

6. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above.

7. On or about April 13, 2010, John Priester, Division of Motor Vehicles Community Assistance Consultant inspected a home that Respondent installed for Norman Home, 2475 Northeast 170th Street, Citra, Florida 32113 and observed that the home was being installed without an installer's decal being affixed to the home or a building permit being issued.

8. At the time of his inspection, Mr. Priester noted the following violations:

   
   

   1. Home was installed without an installer's decal being affixed to the home, in violation of section 320.8249(13), Florida Statutes, and Rule 15C- 2.0073(7)(d), Florida Administrative Code, and

      
      

   2. Home was installed without first obtaining a building permit, in violation of Rule 15C-2.0073(8).

      
      

9. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, through a violation of section 320.8249(13), and Rule 15C-2.0073(7)(d) and Rule 15C- 2.0073(8), Florida Administrative Code by failing to affix the installation decal to the manufactured home or mobile home and failing to obtain a building permit prior to installation.

   COUNT TWO

   
   

10. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two above.

11. On or about April 13, 2010, John Priester, Division of Motor Vehicles Community Assistance Consultant inspected a home that Respondent installed for Joanne Sutton,

    14254 Northeast 53rd CT Road, Citra, Florida 32113 was being installed without an installer's decal being affixed to the home or a building permit being issued.

12. At the time of his inspection, Mr. Pritchard noted the following violations:

    
    

    1. Home was installed without an installer's decal being affixed to the home, in violation of section 3280.8249(13), Florida Statutes, and Rule 15C- 2.0073(7)(d), Florida Administrative Code, and

       
       

    2. Home was installed without first obtaining a building permit, in violation of Rule 15C-2.0073(8), Florida Administrative Code.

       
       

13. Based on the foregoing, Respondent violated section 320.8249(9)(c), Florida Statutes, by violating the installation standards contained in Rul 15C-2.0073(7)(d) and Rule 15C-2.0073(8), Florida Administrative Code by failing to affix the installation decal to the manufactured home or mobile home and failing to obtain a building permit prior to 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 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 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.

Carl 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 Divis,i B,yf Motor Vehicles

this -+?l=- day of July, 2010.

CAF:clb

Copies furnished:

Dwight Davis, Bureau Chief Division of Motor Vehicles

Wayne Jordan, Program Manager License Installer Program

By certified mail to:

Carl Broglin

5620 Northwest 44th Avenue Ocala, Florida 34482

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES RE: CARL BROGLIN Case No.: DMV-10-1002 ELECTION OF RIGHTS

I have read the Administrative Complaint filed in this matter and understand my options. (If you

do not understand these options, please consult with your attorney before signing this form).

1. ( ) I admit the allegations of fact in the Administrative Complaint and wish to be accorded a hearing pursuant to section 120.57(2), Florida Statutes. I understand that I will be permitted to challenge the conclusions of law or submit oral and/or written evidence in mitigation of the complaint to the Hearing Officer for the Division of Motor Vehicles;

   
   

2. () I dispute the following allegations of fact in the Administrative

   Complaint:                                                                                                                                             _

   
   

   
   

                                                                                                                    (attach additional pages if necessary) and request this to be considered a petition for an evidentiary hearing pursuant to section 120.57(1), Florida Statutes, before an Administrative Law Judge appointed by the Division of Administrative hearings; OR

   
   

3. () I wish to settle this matter now, have signed the Settlement Stipulation, and am returning same, along with any required check made payable to the Division of Motor Vehicles.

   
   

   
   

   Date Signed Carl Broglin

   Respondent

   
   

   PLEASE MAIL FORM TO:

   
   

   Division of Motor Vehicles

   Department of Highway Safety & Motor Vehicles 2900 Apalachee Parkway, Room A-308, MS-61 Tallahassee, Florida 32399-0600

   
   

   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.: DMV-10-1002 License No.: IH-0000276

   v.

   
   

   CARL BROGLIN,

   
   

   Respondent.

                                                                      .!

   
   

   SETTLEMENT STIPULATION

   
   

   Carl Broglin, hereinafter referred to as "Respondent," and the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, hereinafter referred to as "Department," hereby stipulate and agree to the following joint Settlement Stipulation and Final Order of the Department incorporating this Settlement Stipulation in the above-styled manner.

   STIPULATED FACTS

   
   

   1. For all times pertinent hereto, Respondent was licensed as a mobile home installer in the State of Florida, having been issued license number IH-0000276.

   2. Respondent was charged by an Administrative Complaint filed by the Department and properly served upon Respondent with violations of section 320.8249, Florida Statutes and the rules enacted pursuant thereto. A true and correct copy of the Administrative Complaint is attached as Exhibit A.

   3. Respondent neither admits nor denies the allegations of fact contained m the Administrative Complaint.

STIPULATED CONCLUSIONS OF LAW

1. Respondent, in its capacity as a licensed mobile home installer, admits that in such capacity it is subject to the provisions of section 320.8249, Florida Statutes, the rules enacted pursuant thereto, and the jurisdiction of the Department.

2. Respondent admits that the facts set forth in the Administrative Complaint filed in this matter, if proven, constitute violations of section 320.8249, Florida Statutes, as alleged in the Administrative Complaint.

STIPULATED DISPOSITION

1. Respondent shall not in the future violate section 320.8249, Florida Statutes, and the rules promulgated pursuant thereto.

2. Respondent must satisfy, resolve and bring into compliance all issues, which are the subject of the current Administrative Complaint; within thirty (30) days from the date of the Final Order entered herein.

3. Respondent shall pay an administrative fine of two hundred fifty dollars ($250.00) for each count for a total of five hundred dollars ($500.00), within thirty (30) days from the date of the Final Order entered herein.

4. It is expressly understood that this Settlement Stipulation has no force and effect until the Department enters a Final Order adopting same.

5. If Respondent satisfies the outstanding complaint referred to in paragraph two above and pays the amount specified in paragraph three above, within the specified time frame the Department will impose no further penalties or sanctions against Respondent. However, if Respondent fails to satisfy the outstanding complaint specified in paragraph two above, or fails to pay the amount specified in paragraph three above, or both on or before the date provided in the Final Order, on the day following the date specified, Respondent's mobile home installer license

   -----··---- ----

   
   

   will be automatically suspended and Respondent will cease to do business as a mobile home installer.

6. If after suspension Respondent satisfies the outstanding complaint specified in paragraph two above and pays the amount specified in paragraph three above, within 30 days following the date of suspension, its mobile home installer license will immediately be reinstated without further penalties or sanctions. However, if Respondent fails to satisfy the outstanding complaint or fails to pay the amount due or both by the 30th day following the date of suspension, on the 31st day following the date of suspension Respondent's mobile home installer license shall be revoked by the Department without further notice.

7. If the Department suspends or revokes Respondent's mobile home installer license for not satisfying the outstanding complaint or non-payment, or both as specified in paragraph five and six above, said suspension or revocation shall be without recourse to the Respondent and Respondent hereby expressly waives any right to appear or otherwise contest the suspension or revocation.

8. Respondent and the Department fully understand that this Settlement Stipulation, and the subsequent Final Order incorporating same, will not in any way preclude additional proceedings by the Department against Respondent for acts or omissions not specifically detailed in the Administrative Complaint filed in this matter.

9. Respondent and the Department expressly waive all further procedural steps and Respondent expressly waives all rights to seek judicial review of or otherwise challenge or contest the validity of this Settlement Stipulation and the Final Order of the Department.

10. Respondent waives the right to seek any attorney's fees or costs from the Department in connection with this administrative proceeding.

SIGNED this      

day of July, 2010. SIGNED this      

day of July, 2010.

Dwight Davis, Bureau Chief

Bureau of Mobile Home & RV Construction Division of Motor Vehicles

Carl Broglin Respondent

SIGNED this      day of July, 2010.

James K. Fisher

Assistant General Counsel Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399-0504

Telephone (850)617-3006 Attorney for Petitioner

Docket for Case No: 11-000444

Orders for Case No: 11-000444