LY Nw] . mm re : STATE OF FLORIDA PoLE AD DEPARTMENT OF BUSINESS AND PROFESSIONAL RECULATION YL BUILDING CODE ADMINISTRATORS AND INSPECTORS BOA 27 PH I2:§3 DIVISIey ar DEPARTMENT OF BUSINESS ADMINIS TAoh VE AND PROFESSIONAL REGULATION HEAR HIGS Petitioner, DBPR CASE NUMBER 97-15301 VS. HOWARD E. ELLIOTT, 60-306 A Respondent. / ISTRATIV COMES NOW, Department of Business and Professional Regulation, hereinafter referred to as “Petitioner”, and files this Administrative complaint against HOWARD E. ELLIOTT, hereinafter referred to as “Respondent”, before the Building Code Administrators and Inspectors Board, hereinafter referred to as “Board”, and alleges: 1. Petitioner is the state agency charged with regulating the practice of building code administration pursuant to Section 20.165, chapter 455 and chapter 468, Part XII, Florida Statutes. 2. Respondent is and has been at all times material hereto, a licensed Building Inspector (Standard), Plans Examiner (Standard), Building Inspector (Limited), and Plans Examiner (Limited) in the state of Florida having been issued license number BN 0001567, PX 0000689, IL 0000572, and LP 0000386 respectively. Respondent’s last known address is 41 Werk Lake Court, Niceville, Florida 32578. Nw] NS COUNT I 3. Petitioner realleges and incorporates the preceding paragraphs one and two as if fully stated herein. 4. Section 468.621(1)(c), Florida Statutes, provides that: (1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken: (c) Knowingly assisting any person practicing contrary to the provisions of: 1. This part; or 2. the building code adopted by the enforcement authority of that person. 5. Section-468.609, Florida Statutes provides in part: (4) No person may engage in the duties of a building code administrators, plans examiner , or inspector pursuant to this part after October 1, 1993, unless such person possesses one of the following types.of certificates, currently valid, issued by the board attesting to the person’s qualifications to hold such position: (a) A standard certificate. (b) A limited certificate. (c) A provisional certificate. 6. At all times material hereto, Respondent was the chief building inspector and plans examiner for the Okaloosa County Planning and Inspection Department. 7, Between December 7, 1994 and March 14, 1995 Michael Miles Kaul was employed as a building inspector at the Okaloosa County Planning and Inspection Department. 8. Atno times material hereto, was Michael Miles Kaul a licensed building inspector in the State of Florida. WU WY 9. Respondent knew or should have known that Michael Miles Kaul was not licensed as a building inspector in the State of Florida. 10. During Kauls’ employment with the Okaloosa County Planning and Inspection Department, Respondent directed Kaul to perform inspections on ongoing construction projects, including a project located at 4433 Southminster Circle, Niceville, Florida. 11. Respondent knowingly assisted Godwin to practice building inspection contrary to the provisions of Section 468.609(4), Florida Statutes. 12. Based on the foregoing, Respondent violated Section 468.621(1)(c), Florida Statutes, by knowingly assisting any person practicing contrary to the provisions of Section 468.604(3), . Florida Statutes. COUNT II 13. Petitioner realleges and incorporates the preceding paragraphs one and two and six through ten as if fully stated herein. 14. Section 455.227(1)(), Florida Statutes provides that: (1) the following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken: Failing to report to the department any person Who the licensee knows is-in violation of this part, the chapter regulating the alleged violator , or the rules of the department or the board. 6. Section 468.609, Florida Statutes provides in part: (4) No person may engage in the duties of a building code administrators, plans examiner , or inspector pursuant to this part after October 1, 1993, unless such person possesses one of the following types of certificates, currently valid, issued by the board attesting to the person’s qualifications to hold such position: UY Y (d) A standard certificate. (e) A limited certificate. (f) A provisional certificate. 15. Based on the foregoing, Respondent violated Section 455.227(1)(i), Florida Statutes, by failing to report to the department any person who the licensee knows is in violation of this part, the chapter regulating the alleged violator, or the rules of the department or the board. WHEREFORE, Petitioner 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, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, and/or any other relief that the Board deems appropriate. sionep this day of Fu 1999, 2000 /a/a] 99

Docket for Case No: 00-003068PL

Issue Date	Proceedings
Dec. 08, 2000	Notice of Change of Address filed by L. Matthews.
Nov. 27, 2000	Order Closing File issued. CASE CLOSED.
Nov. 21, 2000	Motion to Relinquish Jurisdiction without Prejudice (filed via facsimile).
Nov. 20, 2000	Notice of Service of Answers to Interrogatories filed by Respondent.
Nov. 20, 2000	Notice of Taking Deposition (of J. Case, T. Bishop and E. James) filed.
Oct. 11, 2000	Petitioner`s Notice of Propounding Interrogatories to Respondent (filed via facsimile).
Sep. 29, 2000	Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 28 through 30, 2000; 10:00 a.m.; Destin, FL).
Sep. 21, 2000	Stipulated Motion for Continuance of Formal Hearing (filed via facsimile).
Aug. 10, 2000	Order of Pre-hearing Instructions issued.
Aug. 10, 2000	Notice of Hearing issued (hearing set for October 3 through 5, 2000; 10:00 a.m.; Destin, FL).
Aug. 01, 2000	Initial Order issued.
Jul. 27, 2000	Response to Administrative Complaint filed.
Jul. 27, 2000	Election of Rights filed.
Jul. 27, 2000	Administrative Complaint filed.
Jul. 27, 2000	Agency referral filed.