FILED Ogpartment of Susiness a0 Professional Hebulabdion Daputy Ageney Clark CLERK Brandan Nichols Dove 2/12/2008 Filo & STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF BUILDING CODE ADMINISTRATORS AND INSPECTORS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008-029192 EVAN C, SPAAK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business And Professional Regulation, ("Petitioner"), files this Administrative Complaint before the Board of Building Code Administrators and Inspectors, against EVAN C. SPAAK ("Respondent"), and alleges: 1. Petitioner is the state agency charged with regulating the practice of building code administration and inspection pursuant to Section 20,165, Florida Statutes, and Chapters 455 and 468, part XII, Florida Statutes. 2. Respondent is and has been, at all times material hereto, a licensed standard inspector in the State of Florida, having been issued license number BN 5127. 3. Respondent’s last known address of record was 15721 Courtney Jo Lane, Lutz, Florida 33549. GAOGC\Professlons Boards\building code\Libby Auffy's Law Clerks\AC008\Spaak, Evan ©, 08-029192 468.62 1(L)(EAAC doc i 96/Ee Fd FOO sda 6pé9oPTpags 86°68 &Tée/ST/8e 62:Pl oToz at Bry 4, On or about November 26, 2007, Respondent conducted an inspection for ABIL Companies at a location that had not been issued a permit. 5. On or about January 11, 2008, a permit was issued for the ABI Companies’ location that Respondent had inspected on or about November 26, 2007. 6. On or about January 15, 2008, Respondent signed the inspection report for the permit listed above dating the inspection January 15, 2008. 7. Section 468.621(1)(f), Florida Statutes, states in pertinent part: “the following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken; [mj aking or filing a report or record which the certificateholder knows to be false....” 8. Based on the foregoing, the Respondent violated Section 468.621(1) (f), Florida Statutes, by knowingly filing an inspection report with an incorrect date. WHEREFORE, Petitioner respectfully requests the Board of Building Code Administrators and Inspectors enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent’s license, restriction of Respondent's practice, imposition of an administrative fine not to exceed $5,000 per viclation, issuance of a reprimand, placement of Respondent on probation, assessment of costs association with GAOGC\Professions Boards\building code\Libby Duffy's Law Clerks\AC\Z008\Spauk, Evan C. 08-029192 468.621 (1)(P\AC doc 2 96/Pa Sod FOO sda 6pé9oPTpags 86°68 &Tée/ST/8e 6Z:tT otoz oT Bny the investigation, imposition of any or all penalties delineated within section 455,227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 455 and/or 468, Florida Statutes, and/or the rules promulgated thereunder. Signed this ate day of _, 2009. Assistant General \Counse Florida Bar No. 0980404 Department of Business and Professional Régulation Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9648 Facsimile: (850) 414-0749 EFD/jjt fi ip! of get || GAOGC\Professions Bourds\building cude\Libby Dully's Law Clerks\AC\W2008\Spauk, Evan C. 08-029192 468.6210) (\AC doc 3 96/S@ od Yo0 addad 6P29PTPaos 86°66 @t62/ST/8a 62:Pl oToz at Bry

Docket for Case No: 10-007596PL