Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: EDWARD A. REICHE
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jul. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 4, 2001.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA :
"DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND |
PROFESSIONAL REGULATION, rs z
Petitioner, |
vs. . . Case No. 99-10238
Ol-392TFL
EDWARD A. REICHE,
Respondent. !
/
ADMINISTRATIVE COMPLAINT
Petitioner, [DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
. Board, against st EDWARD A. REICHE, Respondent"), and says:
a
1. ~ Petitioner i 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 i is, ‘and has been at all times material hereto, a Cenited Air
ep
Conditioning C Contractor, in the State of Florida, having been issued license number
, CACO 1913, his license is currently in active status. ~"
McNab Road, Tamarac Florida,
IETS EER REINER TERETE ERE Soe eR" ree gee
ee ae
ein violation of aoe
; 4 At all times material hereto, the Respondent was licensed to practice contracting —
as s All Season Ain Conditioning & Appliance, Ine.
practice contracting as All Season Air Conditioning & Appliance, Inc., as required by Section
489.119(2), Florida Statutes.
“6. On or around July 20, 1999, Respondent, doing business as All Season Air
- Conditioning & Appliance, Inc., contracted with Terry Watson to install an air conditioner at the
_Watson home located at 1931 NE 62™4 Street, Fort Lauderdale, Florida.
7. The contract price was $3850. 00 and Respondent was paid in full.
8. The contract did not contain notification of the Construction Industries Recovery
"Fund, as as required by Section 489.1 1425, Florida Statutes,
9. Respondent began and completed work on the Watson pre} ect on or around Tuly 26,
1999.
10. The work Respondent performed at the Watson home required a mechanical permit.
ll. Respondent failed to obtain a mechanical permit for his work on the Watson home,
9,129(1)(0), Florida Statutes.
in violation of Seti ion 489. 129(1)(0), Florida Statutes.
COUNTT I
in paragraphs one
. 5 At, o time : material hereto did Respondent possess a certificate of authority ‘0 -
127 The work Respondent performed at the Watson home required an electrical permit. ae
: 13. “Respondent failed to obtain se eleoeieal permit for his work on. ‘he ‘Watson home, oe
15. Section 489.1 19(2), Florida Statutes, provides th if an n applicant propose to
engage in contracting as a business ofganization, including any partnership, corporation, business
trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious
- name where the applicant is doing business as a sole proprietorship, the business organization
must apply for a certificate of authority through a qualifying agent and under the fictitious name,
if any. . |
16. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida
Statutes, by failing in any material respect to comply with the provisions of this part or violating
atule or lawful order of the board. .
COUNT
17. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through t thirteen as though h fully s set forth in this Count II. .
18. " Section 1 439, 1425, Florida Statutes, provides that any agreement or contract for
repair, restoration, improvement, or construction to residential real property must contain a
written statement expl g the consumer’s rights under the Construction Industries Recovery
‘Fund, , except where the value of all labor and materials does not exceed $2,500.00.
“Based: upon the fore
COUNT Il
20. Petitioner realleges and incorporates the allegations set forth in Paragraphs one
‘through thirteen as thovigh fully set forth in this Count II.
going the Respondent late d Sec n 489 1290} Flonda -
“ct of Business and Prot
21, " Because Respon ent failed to ob
home, the Respondent violated Section 489. 1291)0), Florida Statutes, by proceeding on any job
without obtaining applicable local building department permits and inspections.
_ COUNT IV IV
22. Petitioner realleges and incorporates the allegations set forth in Paragraphs one
through thirteen as though fully set forth in this Count IV.
23. Because Respondent failed to obtain an electrical permit for his work on the Watson
home, the Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job
without obtaining applicable local building department permits and inspections. )
WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing
Board enter a an Order i ‘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.
Fl | E D i JE — day of
egsional Reguiation .
DEPUTY OEMS
na mechanical permit for his work on the Watson
COUNSEL FOR DEPARTMENT:
Patrick F. Creehin =~
_ Assistant General Counsel
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, FL 32399-2202
JIM/PFC
Case # 99-10238
TT RRR ne
Docket for Case No: 01-002927PL
Issue Date |
Proceedings |
Oct. 04, 2001 |
Order Closing File issued. CASE CLOSED.
|
Oct. 02, 2001 |
Motion to Continue and to hold in Abeyance (filed by Petitioner via facsimile).
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Aug. 01, 2001 |
Order of Pre-hearing Instructions issued.
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Aug. 01, 2001 |
Notice of Hearing issued (hearing set for October 9, 2001; 9:30 a.m.; Fort Lauderdale, FL).
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Jul. 31, 2001 |
Joint Response to Initial Order (filed via facsimile).
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Jul. 24, 2001 |
Initial Order issued.
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Jul. 23, 2001 |
Election of Rights filed.
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Jul. 23, 2001 |
Administrative Complaint filed.
|
Jul. 23, 2001 |
Agency referral filed.
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