| w) ky o ~ . ; we 7 Cy, “<&p ‘STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUE “yy, ys Op, Ry “nny, DEPARTMENT OF BUSINESS AND “S PROFESSIONAL REGULATION, Case No. 99-00968 | COZ | io Petitioner, vs. 4 RONALD ISEMANN, Respondent. / - ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint against Respondent, RONALD ISEMANN, and says: - 1, Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455 22800), Florida Statutes. 3. At all times material hereto, Respondent wa was not duly registered or certified to engage in the practice of contracting pursuant t to Chapter 489, Florida Statutes. 4. At all times material hereto, Respondent has been doing ‘business as Water Equipment Technology * “WET” without being duly licensed in the State of Florida. . 5. “Respondent's last known address is 19817 Midway Blvd., Port Charlotte, Florida 33948. wi Ww 6. The business cards for ‘WET: listed Respondent as the Vice-President. 7. On 25 March 1998, wat presented an invoice to Robert Buzzell, President of River Haven mobile home community in the amount of $6,000.00 for work to be done at River Haven. 8. The invoice referenced in Paragraph 7 was for work including but not limited to ~ excavating approximately one-hundred (100) feet of existing defective culvert pipe from street catch basin to retention shade area and replacing it with new ewenty-four inch (24”) poly culvert connected to existing catch basin out to retention area. 7 9, Respondent received two (2) checks each in the amount of $3,000.00 from River Haven, Inc. signed by Robert Buzzell for the work referenced in Paragraph 8. 10. On22 April 1998, WET presented another invoice to Robert Buzzell in the . 4 amount of $19,500. 11. The 22 2 April 1998 invoice was for work including but not limited to excavating from storm drain to existing twenty-four inch (24") culvert pipe near retention pond, hooking up new pipe to existing concrete pipe, and excavating from storm drain on one street to storm drain on another street. 12. Respondent received three (3).checks each in the amount of $6,500.00 from River Haven, Inc. signed by Robert Buzell for the work referenced in Paragraph 11. 20 8 13. Al checks aid by Robert Buzzell for work done at River Haven, Inc. referenced --in Paragraphs 9 & 12 were paid directly to Respondent. pene eee g we 14. Section 489.105(3) Florida Statutes (1997), provides inter alia that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsections of ¢ Section 489.105(3). 15. The contracting for and/or the performance of the work described in Paragraphs 8 ‘ & 11 constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes, (1997). 16. Based on the foregoing, Respondent has violated Section 489.127(1)(Q), Florida . 4 Statutes, (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. eee eee pee eee yoy 5 o- WHEREFORE, Petitioner Tespectfully requests the Construction Industry Licensing Board enter an Order imposing an administrative fine not to exceed $5,000, pursuant to Section 455.228(1), Florida Statutes, assessment of costs associated with investigation and prosecution of the case excluding costs associated with an attorney’s time, pursuant to Section 455.227(3), Florida Statutes, and/or grant other relief deemed appropriate pursuant to Section 455.227(2), or ¢ any other part or parts of Chapters 455 and 489, Florida Statutes. Signed this 2207 day of_