STATE OF FLORIDA ey a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Up 729 CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONS I & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . Case No.*2000-03297; 2000-04706 KARL F. RIESTERER, JR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KARL F. RIESTERER, JR.,("Respondent"), 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 General Contractor, a Certified Roofing Contractor, a Certified Mechanical Contractor, a Certified Pool/Spa Contractor, and a Certified Plumbing Contractor in the State of Florida, having been issued license numbers CG C048765, CC C053267, CM C052396, CP C053898, and CF . C051639. “4, . 3. Respondent's last known address is Post Office Box 948238, Maitland, Florida, 32794, 4. At all times material hereto, Respondent was licensed to qualify JK Construction Group, Inc. 5. Respondent failed to obtain a certificate of authority for JK Construction Group. -FACTS PERTAINING TO CASE NO, 2000-03297 6. On or about August 10, 1998, Respondent contracted with Dolores Drees (hereinafter “Drees”), for the construction of a two-story addition, two-car garage, and two porches. 7. The contract price was $198,820.00 and Respondent was paid approximately $50,000.00. 8. Respondent failed to provide notice of the Construction Industries Recovery Fund, 9. Respondent was terminated by Drees for what she determined to be poor workmanship and failure to follow plans. 10. On or about March 23, 2000, the Orange County Building Codes Board of Adjustment and Appeals found Respondent guilty of willful misrepresentation as included in the building permit application and departing from plans and specifications on the contract and building permit application. 11. Respondent claimed on the permit application that the job cost was $80,000.00, while the contract with Drees stated a cost of $198,820.00. COUNTY. 12. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. oh a b owae ~ “a rule or lawful order of the board. ; 13. Section 489.119(2), Florida Statutes, provides that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other then 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. 14. Based on 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 a rule or lawful order of the board. COUNT I 15. . Petitioner realleges and incorporates the allegations set forth in Paragraphs One - through Eleven as though fully set forth herein. 16. — Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, Testoration, improvement or construction to residential real property must contain a written statement explaining the c consumer’ s rights under the Construction Industries Recovery Fund, except where the value of all labor does not exceed $2,500.00. 1. Based ¢ on the foregoing, Respondent violated Section 489. 129(1)(i), Florida : Statutes, by failing in in any material respect to > comply with the provisions of this part or violating COUNT Jil 18. Petitioner realleges and incorporates the allegations set forth in > Paragraphs One through Eleven as though fully set forth herein. 19. “Based on the foregoing, Respondent violated Section 489.129(1)(), Florida . eee oe Ee Er ’ Statutes, by committing fraud or deceit in the practice of contracting. COUNT IV 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. | 21. Based on the foregoing, the Respondent violated Section 489.129(1)(h), Florida Statutes, by being disciplined by any municipality or county for an act or violation of this part. | COUNT V 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2000-04706 24, On or about March 9, 2000, a hearing was held by the Polk County Contractor Licensing Board, and Respondent was found in violation of the Standard Building Code, 1997 - Edition, Section 104.6.1 and 105.6, . 25. Respondent let approximately 70 permits expire, with most not having an inspection requested. Bn . 26. Ina Final Order dated March 9, 2000, The Polk County Contractor Licensing Board suspended Respondent’s permitting privileges until all expired permits have received an approved final inspection. | oe COUNT vy, 27, Petitioner realleges and incorporates the allegations set forth in Paragraphs One fos ® ’ Assistant General Counsel through Eleven and Paragraphs Twenty-Two through Twenty-Four as though fully set forth herein. 28. Based on the foregoing, the Respondent violated Section 489.129(1)(h), Florida Statutes, by being disciplined by any municipality or county for an act or violation of this part, 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 —_ Signed this nme day of ih pAcs 2001 , Crabill Assistant General Counsel COUNSEL FOR DEPARTMENT: Theodore R. Gay oe F | L E D Department of Business and Professional Regulation and DEPUTY CLERK ~ ) ; Angela C. Desmond WY . Assistant General Counsel CLERK Michels. Department of Business and 4-27-2001 Professional Regulation ; DATE za 2 = A200 | Office of the General Counsel 1940 N. Monroe Street, Ste. 60 ‘Tallahassee, FL 32399-2202 ae aa psa B ACD 2000-03297 "2000-04706 lop. 3/9e/0/ Husband | osep— [avon [ Brows

Docket for Case No: 01-003449PL