v Yo MILED STATE OF FLORIDA UO JUL 25 PH hi DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . ADMINISTRA! IVE HE \RINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 98-10627 DENNIS E. FRANKLIN, 60-30 ca Respondent. / ADMINISTRATIVE COMPLAINT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner’), files this Administrative Complaint against , ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating building code inspectors pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the practice of building code inspection pursuant to Section 455.228(1) and Section 468.601, Florida Statutes. 3. At all times material hereto, Respondent was a registered or certified building code administrator, building code inspector, and plans examiner in the state of Florida having been issued license numbers BU 0000812, BN 0002311, and PX 0000992 respectively, pursuant to Chapter 468, Florida Statutes. 4. Respondent's last known address is 8033 Windover Way, Titusville, Florida 32780. 5. Section 468.621 (1)(f), Florida Statutes, provides, “(1)The following acts constitute grounds for which disciplinary actions may be taken: (f) making or filing a report or record which the certificate holder knows to be false, or knowingly inducing another to file a false report or record, or knowingly failing to file a report or record required by state or local law, or knowingly impeding or obstructing such filing, or knowingly inducing another person to impede or obstruct such filing.” 6. At all times material hereto, Respondent was a building inspector in the Lake County Building Services Division. 7. On or around March 18, 1998, Mark Fussel ("Fussel”), a Lake County building inspector, disapproved a rough building inspection at 6418 Match Point, Leesburg, Florida, building permit number 98-010148. 8. Among other code violations for permit number 98-010148, Fussel noted that the fire blocking was not to code. 9, On or around March 27, 1998, Fussel disapproved a rough building inspection at 27313 Racquet Circle, Leesburg, Florida, building permit number 98- 010946. . 10. Among other code violations for permit number 98-010946, Fussel noted that the fire blocking was not to code. 41. Onor around March 31 . 1998, and April 1, 1998, Fussel disapproved an insulation inspection at 27313 Racquet Circle , Leesburg, Florida, building permit number 98-010946. UW WY 12. | Among other code violations for permit number 98-010946, Fussel noted that the fire blocking was not to code. 13. Section 2305, Standard Building Code, provides in part the following: 2305.1 Fireblocking 2305.1 Fireblocking shall be provided to cut off all verticle and horizontal concealed draft openings. Fireblocking shall be as indicated in this section and as provided in 705.3. 14. Following Fussel’s inspections at 6418 Match Point and 27313 Racquet Circle, Leesburg, Florida, Respondent wrote a note to Fussel requesting that Fussel approve the uncorrected fireblocking installation on permit numbers 98-010148 and 98- 010946. 15. | Respondent knew that the fire blocking for permit numbers 98-010148 and 98-010946 was not installed up to code when he asked Fussel to approve the fireblocking installation. 16. | Respondent knew or should have known that the contractor ought to have corrected the fire blocking installation at 6418 Match Point and 27313 Racquet Circle before Fussel could approve the fire blocking inspection. 17. | Respondent knowingly induced Fussel to file a false inspection report. 18. Based upon the foregoing, Respondent violated Section 468.621(1)(f), Florida Statutes (1999), by knowingly inducing another to file a false report or record. WHEREFORE, Petitioner respectfully requests the Building Code Administrators and Inspectors Board enter a Final Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of the WU Nv] Respondent's practice, imposition of an administrative fine, costs, a reprimand, probation, and/or any other relief that the Board deems appropriate. v1 Signed this _/G day of _Oere , 2000. By: David K. Minacci Lead Professions Attorney COUNSEL FOR DEPARTMENT: Dorothy Trzeciecka F | L E , . Senior Attorney Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation Ns L / 1940 North Monroe Street Pyrzrdanl Tallahassee, FL 32399 CLERK 2000 (850) 410-1164 pare_O- Al“ ALY Case # 98-10627 OCP: Beetlank + Mout DATE! 5-17-2000 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION Jeb Bush, Governor Cynthia A. Henderson, Secretary o om -_ can oe eS By FO emacs Dennis E. Franklin af 8033 Windover Way ~o ey Titusville, Florida 32780° =z c Re: Case Number 98-10627 S SERVICE OF ADMINISTRATIVE COMPLAINT Dear Mr. Franklin: This is to inform you that probable cause has been found to believe that you violated certain provisions of the Florida Statutes governing building code administration. The enclosed Administrative Complaint contains the formal charges filed against you. Receipt of these documents constitutes legal service upon you. Options available to you under Florida law are: , (a) Choose not to dispute the material facts alleged and request a hearing before the Board which will only hear evidence regarding the conclusions of law and the penalty for violations; or (b) Dispute the material facts alleged and request a hearing before an administrative law judge with the Division of Administrative Hearings; or : (c) Waive your right to either type of hearing and put yourself completely at the Board’s discretion. Please be advised, pursuant to Section 120.573, Florida Statutes, that mediation is not available for this type of agency action. You must respond by selecting one of the options on the enclosed Election of Rights form and forwarding the executed Election of Rights form to this office within 21 days of your receipt of this letter. Failure to respond within the 21 day period may be deemed a waiver of the rights outlined above and the Department may proceed against you by default. y Senior Attomey DT/plp ATTCHS: Administrative Complaint; Election of Rights form, Explanation of Rights form ***Note that you may be contacted by private attorneys regarding this action as the formal charges being brought against you are a matter of public record and must be released upon request. It may be in your best interest to seek legal counsel, however, neither this department nor the Board has sought counsel on your behalf. Be aware that any contact by legal representative outside department or board staff or private contract attorney for the department has not been initiated by this office. Attorneys with, or retained by, the Department do not represent your individual interest. . OFFIGE OF THE GENERAL COUNSEL NORTHWOOD CENTRE - 1940 NORTH MONROE STREET : TALLAHASSEE, FLORIDA 32399-2202 Telephone (850) 488-0062 + Fax (850) 414-6749 -

Docket for Case No: 00-003039PL