d Fe o STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION | BUILDING CODE ADMINISTRATORS AND INSPECTORS BOARD DEPARTMENT OF BUSINESS AND Lys PROFESSIONAL REGULATION, O/ “fp STD Ff G Petitioner, vs. Case No. 2001-05741 ROBIN ARTHUR BRINKLEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Building Code Administrators and Inspectors Board, (“Board”) against ROBIN ARTHUR BRINKLEY, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of building code administration pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Building Code Administrator, in the State of Florida, having been issued license number BU 0001203. 3. Respondent's last known address is 456 23" Avenue, Apalachicola, Florida 32320. sabiledinad 4. Section 468.607, Florida Statutes (2000), provides in part: “No person may be employed by a state agency or local government authority to perform the duties of a building code administrator, plans examiner, or inspector after October 1, 1993, without possessing the proper valid certificate issued in accordance with the provisions of this part.” . 5. Section 468.609(7)(d), Florida Statutes (2000), provides in part: “A newly employed or hired person may perform the duties of plans examiner or building code inspector for 90 days if a provisional certificate application has been submitted, provided such person is under the direct supervision of a certified building code administrator who holds a standard certification and who has found such person qualified for a provisional certificate.” 6. On or about October 10, 2000, the Respondent submitted an application to the State of Florida Building Code Administrators and Inspectors Board to obtain a provisional 1 & 2 family dwelling inspector’s license. 7. In accordance with Section 468.609(7)(d), Florida Statutes, the application permitted the Respondent to perform inspections for 90 days pending the Board’s review of the application. 8. On or about October 20, 2000, the Board sent the Respondent correspondence - requesting additional information in regard to the October 10, 2000 application. 9. The Respondent did not submit the additional information to the Board in support of the application. 10. The Board considered Respondent’s application to be abandoned and did not issue a license to Respondent. 11. Inor around January 2001, the Respondent telephoned the Board office and Smee cone ies ed. * inquired about the status of his October 10, 2000 application. 12. Inresponse to the Respondent’s inquiry, the Board advised the Respondent to submit another application so that the 90-day time limit set forth in Section 468.609(7)(d), Florida Statutes, would start to run again and allow Respondent to continue to perform inspections. 13. Onor about January 20, 2001, the Respondent’s 90-day exemption expired and the Respondent was not permitted to perform any further inspections. 14. Inor around May 24, 2001 through May 30, 2001, the Respondent submitted another application to the Board to obtain a provisional 1 & 2 family dwelling inspector’s license and an application to obtain a provisional plans examiner license. 15. From in or around January 20, 2001 through in or around May 30, 2001, the Respondent continued to perform building inspections. 16. From in or around January 20, 2001 through in or around May 30, 2001, the Respondent was not licensed to perform building inspections and was not permitted to perform inspections pursuant to the 90-day application exemption set forth in Section 468.609(7)(d), Florida Statutes. 17. By performing building inspections without a license and without the 90-day application exemption, the Respondent violated Section 468.607, Florida Statutes (2000.). 18. Based upon the foregoing, the Respondent violated Section 468.621(1)(a), Florida Statutes, (2000), by violating or failing to comply with any provision of this part, or a valid rule or lawful order of the department pursuant thereto. WHEREFORE, Petitioner respectfully requests the Building Code Administrators and Inspectors Board enter an Order imposing one or more of the following penalties: place on TE slides ia. Aulhtadetediaaiainaditameae ae ice oven wT aneaee a we probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/ot any other relief that the Board is authorized to impose pursuant to Chapters 468, 455, Florida Statutes, and/or the tules promulgated thereunder. Signed this x Bi 7 etn __, 2001. ROBERT CRABILL CHIEF CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: cament of Business and Professional Reguiatian Diane Snell Perera ; Senior Attorney ; Department of Business and CLERK Paw y A Professional Regulation 1 We 2-A00\ DBA . Office of the General Counsel 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 01-05741 9/6/01 DSP/ms pcp: Bertolami, Eads, Nagin tolaloy pemeepe ee

Docket for Case No: 01-004892PL