01-3089 AL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . vs. Case No. 2001-00343 GREGORY BARTH ANDERSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GREGORY BARTH ANDERSON, ("Respondent"), and says: Lo 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 Building Contractor in the State of Florida, having been issued license number CB C058746. 3. Respondent's last known address is 3940 Metro Parkway #102, Fort Myers, Florida, 33916. 4. At all times material hereto, Respondent was qualifying agent for Anderson & Rheinschmidt Enterprises, Inc. 5. Section 489.1195(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about November 8, 2000, a Final Judgment, relating to the practice of contracting, was obtained against A & R Enterprises, Ine, in Case Number 00-1630-SP in the - County Court, Twentieth Judicial Circuit, in and for Collier County, F lorida in favor of Armand Pepper in the principal amount of $3,245.97 plus costs of $90.50 and interest. - . 7. The foregoing judgment has not been satisfied in whole or in part, and there is no mutually agreed upon payment plan to satisfy the judgment. 8. Rule 61G4-1 7.001(23), Florida Administrative Code, states in part that for the purposes of Section 489.129(1)(q), Florida Statutes, “reasonable time” means ninety (90) days following the entry of a civil judgement that is not appealed. 9. Based on the foregoing, the Respondent violated Section 489.129(1)(q), Florida Statutes, by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. 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 , 2 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 b Hh day of fi 4 vot , 2001. By: "Robart A. ‘abill ~ Chief Construction Attomey oan FILED Department of Business and Professional Regulation DEPUTY CLERK COUNSEL FOR DEPARTMENT: Theodore R. Gay - csr Brandt Michele Assistant General Counsel DATE - ] ~ | angela C. Desmond ACY Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2001-00343 fe: eholri

Docket for Case No: 01-003889PL