f f State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants Bureau of Elevator Safety DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. Certificate Number: 185 Fite Number: 420 DANIELS, THOMA: . » THO Respondent License Type: 2104 _ Case Number: 2012046527 ey Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, BUREAU OF ELEVATOR SAFETY, (‘Petitioner’), files this Administrative Complaint against DANIELS, THOMAS W, (“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 Sajety, Division of Hotels and Restaurants. The respondent's business address of record is 1319 HIGHLAND CIRCLE, KISSIMMEE, FL 34744. The mailing address of record is DANIELS, THOMAS W, 1319 HIGHLAND CIRCLE, KISSIMMEE, FL 34744. 3. Investigation revealed violations of the provisions of Chapter 399, Florida Statutes, and / or the rules promuigated thereto governing the operation, installation, maintenance, and inspection of elevators. The violation(s) found and applicable law are described in Exhibit “A”, attached hereto and incorporated by reference. Inspection documents are attached as Exhibit “B’, Exhibit “C”, Exhibit “D’ and Exhibit “E”, 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, Florida Statutes, or the rules promulgated thereto. Signed November 13, e” ted. 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: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 sea 301 Jays Lu4n 7511 Certificate Of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: cee : | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to DANIELS, THOMAS Won this. mar day of vi Aa , 2012, Received by: Division Employee's Signature Respondent's Signature Cota Pliaace Aa 8 Title Case Number: 2012046527 License Type: 2104 File Number: 420 Certificate Number: 185 DANIELS, THOMAS W Form revised 10.06.11 | | | | Exhibit A Certificate Number: 185 License Type: 2104 Case Number: 2012046527 lt is alleged that on February 22, 2012 and March 14, 2012 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. 1. 399.049 (1) The Department may suspend or revoke an elevator inspector certification, an elevator company registration, an elevator certificate of competency, or an elevator certificate of operation issued under this chapter or impose an administrative penalty of up to $1,000 per violation upon any registered elevator company or certificate holder who commits any one or more of the following violations. (g) Engaging in fraud or deceit, negligence, incompetency, or misconduct in the practice of the profession. On February 22, 2012, Respondent performed an inspection of the elevator bearing serial number 99360, located at Palm Beach College of Chiropractic, 4777 City Center Parkway, Port Orange, FL 32129. Following this inspection, state inspector Robert J. Badke performed a monitoring inspection on March 6, 2012 found several violations omitted by Respondent. On March 14, 2012, Respondent returned to the elevator bearing serial number 99360 and issued another passing inspection report, which cited no violations. Following this inspection, state inspector Robert J. Badke performed a monitoring inspection on March 27, 2012 and found violations that were cited on his March 6, 2012 inspection still present. These violations include undersized car cables, which is a violation of A17.1 rule 2.20.4, and undersized governor cable, which is a violation of A17.1 rule 2.18.5.1. Exhibit B Inspection document(s) from February 22, 2012 are attached as Exhibit “B”, and incorporated herein by reference. Exhibit C Monitoring inspection document(s) from March 6, 2012 are attached as Exhibit “C’, and incorporated herein by reference. Exhibit D Inspection document(s) from March 14, 2012 are attached as Exhibit “D”, and incorporated herein by reference. Exhibit E Monitoring inspection document(s) from March 27, 2012 are attached as Exhibit “E”, and incorporated herein by reference. Case Number: 2012046527 License Type: 2104 File Number: 420 Certificate Number: 185 DANIELS, THOMAS W Form revised 10.06.11

Docket for Case No: 13-003334