04 JAN 29 py I 08 CY vis ADMINIS; INISTRAY y HEAD NBS \ 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. 2000-05279 LARRY E. SHIMKUS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Constniction Industry Licensing Board, against LARRY E. SHIMKUS, ("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 Residential Contractor, in the State of Florida, having been issued license number CR C013599, currently in active status. 3. Section 489.105(3)(c), Florida Statutes, provides that a “Residential contractor “ means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith. 4. Respondent's last known address is 8424 1 12" Terrace North, West Palm Beach, Florida 33412-1311. 5. On or about May 15, 2000, Respondent filed a permit application with the Jupiter Lm] : rh Building Department for a Demolition permit to remove interior partitions at Fishermar , 337 East indiantown Road, Bays 6 and 7, Jupiter, Florida. 6. Fisherman’s Wharf is a commercial business mall. 7. Respondent was performing the commercial work for Boston Homes, Inc., who had signed an agreement with First Florida Property Management, Inc., to do commercial construction work at the shops of Fisherman’s Wharf Bays 6 and 7. . 8. On or about June 6, 2000 and June 7, 2000, Building Inspectors from the Jupiter Building Department conducted an inspection at Fisherman’s Wharf, 337 East Indiantown Road, Bays 6 and 7, and discovered that although the Building Department was still processing Respondent’s demolition permit application, Respondent had performed the demolition work and started the remodeling work on Bays 6 and 7. 9. The Jupiter Building Department charged the Respondent a double fee for the demolition permit number 00-55124 and a double fee for the interior partitions permit number 00-55676 for starting work prior to the permits being issued. 10. Onor about June 13, 2000, the Chief Building Inspector for the Jupiter Building Department stopped the job and canceled the permits after learning Respondent was a Certified Residential Contractor and not able to do commercial work. COUNTI 11. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein. 12. Section 489,115(1), Florida Statutes, provides that no person may engage in the business of contracting in this state without first being certified or registered in the proper classification. 13. 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 tute or lawful order of the board. COUNT II 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(0), 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 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), 3 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 COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond vy 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 2000-05279 Kp: 530-0 ise “day pre _, 2001. By: Qus Crabill 2 2 Assistant General Counsel FILED Dapartment of Business and Professienal Regulation DEPUTY CLERK DATE nn 2 @- 200) Oye ¢ Burke

Docket for Case No: 04-000376PL