’ - STATE OF FLORIDA DEPARTMENT OF BUSINESS AND) PROFESSIONAL REGULAT; CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION ITI DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 98 vs. ¥ Lisi Hd 92 WE 40 01-0365 PL JOHN ROGER REAVILLE, : Respondent. I ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT ‘OF “BUSINESS — AND REGULATION, PROFESSIONAL files this Administrative Complaint before the Construction Industry Licensing Board, against, Respondent, JOHN ROGER REAVILLE, 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. Respondent is, and has been at all times material hereto, a CERTIFIED AIR CONDITIONER CONTRACTOR, in the State of Florida, having been issued license number CA C021370. 3. Respondent's last known address is 1314 East Cape Coral Parkway, Suite 209, Cape Coral, Florida 33904. 4. At all times material hereto, Respondent was the licensed qualifier for Technical Services, and in such a_ capacity, responsible for all of its contracting and financial activities. ’ 7 5. On 20 May 1998;..Clifford W. Kuhn ("Kuhn") entered into a ‘contract with Technical Services for the replacement and installation of a 2-1/2 ton air conditioning unit, in addition to a maintenance contract. 6. The total contract price was $4,161.00, which was financed through Technical Services. 7. Technical Services received $4,161.00 for that installation of the air conditioning unit. 8. Technical Services completed the installation. 9. Respondent and/or Technical Services failed to obtain a permit for the installation of the air conditioning unit as required by the Cape Coral Building Department. 10. At the time of the contract, a representative of Technical Services represented to Kuhn that Kuhn would receive a $500.00 rebate for replacing his old air conditioning unit. 11. Kuhn has not received the $500.00 rebate from Technical Services. 12. Technical Services failed in its attempts to correct the poor cooling and additional electrical expense. 13. Subsequent to the installation ofthe new air conditioning unit by Technical Services, the air conditioning unit and its installation were examined by another air conditioning contractor, Alpine Air Conditioning. 14. Alpine Air Conditioning found that Technical Services's installation was not done correctly - the air ducts were not attached to the unit air handler properly and the air compressor was pulling in attic heat. O° COUNT TI 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 16. Based on the foregoing, the Respondent violated Section 489.129(1) (p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspection. COUNT: IT 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 18. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (1997), by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose 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 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this —. ? day of _ . S a“ K_- , 1999, By: G.W. Harrell Chief Attorney COUNSEL FOR DEPARTMENT: * rau F. Kirsch F | L E D Senior Attorney usiness and Professional Regulation Department of Business and Depart an a DUTY CLERK Professional Regulation Northwood Centre : MN . 1940 North Monroe Street cure rand Michele Tallahassee, FL 32399-0792 7 F-AA DATE = Case # 98-21545 PCP? 4/31/79 Covdadt + Kader

Docket for Case No: 01-000365PL