State of Florida Department of Business and Professtonal Regulation Division of Hotels and Restaurants Bureau of Elevator Safety DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. THYSSENKRUPP ELEVATOR CORP Certificate Number 73 Respondent. License Type 2102 / . Case Number 2012033082 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, BUREAU OF ELEVATOR SAFETY, (‘Petitioner’), files this Administrative Complaint against THYSSENKRUPP ELEVATOR CORP, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation, installation, maintenance, and inspection of elevators, pursuant to Section 20.165 and Chapter 399, Florida Statutes. 2, Respondent is, and has been at all times material hereto, subject to the jurisdiction of the Bureau of Elevator Safety, Division of Hotels and Restaurants. The respondent's business address of record Is 6942 PHILLIPS PKWY DR S, JACKSONVILLE, FL 32256, The mailing address of record is THYSSENKRUPP ELEVATOR CORP at 114 TOWNPARK DR, STE 300, ATTN: TAX DEPARTMENT, KENNESAW, GA 30144, 3. Investigation revealed violations of the provisions of Chapter 399, Florida Statutes, and / or the rules. promulgated thereto governing the operation, Installation, maintenance, and inspection of elevators. The violation(s) found and applicable taw are described In Exhibit “A”, attached hereto and incorporated by reference, Supporting documents are attached as Exhibit "B", Exhibit “C” and Exhibit “D", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; suspension, revocation, and/or any other relief authorized by Chapter 399, Fiorida Statutes, or the rules promulgated thereto. Signed February 6, 2013 Vytd. Mark J. Boutin, Bureau Chief By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation _ COUNSEL FOR THE_DEPARTMENT:_ Mare Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 contfieate Of Serv 7ULO 34901 9845. 1440 7a01 ; ertificate ervice . BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: SENDERS RECORD: — | HEREBY CERTIFY that a true and correct co y of the foregoing ADMINISTRATIVE COMPLAINT has been Cogn en day of _ fe Varun sf , 2013. Certified Article Number : ‘ . Received by: Division Erfiployee’s Signature * Operator's Signature Title Title Case Number: 2012033082 License Type: 2102 Certificate Number: 73 THYSSENKRUPP ELEVATOR CORP Form revised 02.24.09 Exhibit A itis alleged that on or before May 16, 2012 the Respondent was in violation of Florida Statute 399 (FS) and/or the Rules of the Division of Hotels and Restaurants, Bureau of Elevator Safety, Florida Administrative Code (FAC), in the following particulars: : On or before May 16, 2012, Respondent completed an alteration of elevator number 5792 located at JC/Riverton Tower, 6363 Arlington Exp, Jacksonville, FL 32211 without having obtained a permit to alter from the Department. Work that would have required a permit Includes the following: Installation of new closed loop door operators, closers and interlocks with new tracks and hangers on car and hoistway doors. On July 21, 2012, the Department received a complaint alleging the elevator was malfunctioning. On July 25, 2012, State inspector Roy Finklea visited 5353 Arlington Exp to follow up on the aforementioned complaint. Upon inspection, Mr. Finklea observed that the elevator had undergone a series of alterations and did not see evidence of a permit to alter being Issued by the Department. Upon further investigation Mr. Finklea obtained an invoice detailing the alterations performed by-the Respondent. After conducting a search of records for elevator 5792 it was determined that no permit to alter has been issued, 399.03(1) FS A conveyance covered by this chapter may not be erected, constructed, Installed, or altered within buildings or structures until a permit has been obtained from the department.... A copy of the permit and plans must be kept at the construction site at all times the work is in progress. .. Exhibit B . Inspection document(s) are attached as Exhibit "B", and incorporated herein by reference. Exhibit C Proposal and Invoice document(s) showing work proposed, completed and charged amount for work are attached as Exhibit "C’, and incorporated herein by reference. : Exhibit D Certification that no permit to alter elevator 6792 was issued by the Department is attached as Exhibit “D", and . incorporated hereln by reference. . . Case Number: 2012033082 License Type: 2102 Certificate Number: 73 THYSSENKRUPP ELEVATOR CORP Form revised 02.24.09

Docket for Case No: 13-002024