OVSUTEPL yc 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. 2003-084708 JERALD LOUIS LENIK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JERALD LOUIS LENIK, ("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, in the State of Florida, having been issued license number CG C025953. 3. Respondent's last known address is 1800 South Riverside Drive, Edgewater, Florida 32132. 4. At all times material hereto, Respondent was licensed to do business as an individual. 5. On or about April 11, 2003, Respondent contracted with Deborah Smith (“Smith”) to build an addition and a deck, to relocate bathroom and other interior walls, and to install vinyl siding at her residence at 4101 Woodland Circle, Deland, Florida. 6. The contract price was $25,000, and Respondent was paid $16,650. 7. Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 8. Respondent failed to include notice of the Construction Industries Recovery Fund in the contract. 9. Section 489.119(6)(b), Florida Statutes, provides that each registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. a Respondent failed to include his license number on the contract. : 11. Onor about July 21, 2003, the Volusia County Building Department issued permit number 030521065 to Respondent for an addition and covered wooden deck. 12.. Onor about May 12, 2003, the Volusia County Building Department issued permit number 030512046 to Respondent for the installation of vinyl siding. 13. | No inspections were requested or performed for these permits. oY : CG 14. On or about May 21, 2003, a Notice of Commencement was recorded. 15. Respondent moved interior walls, patched the ceiling to relocate a bedroom, replaced cabinets to relocate a bathroom and performed some work on the floors. 16. Respondent demanded payment for change orders and stopped work until payment was to be received. 17. Smith had signed no written change orders on the contract, required of change orders, and declined Respondent’s demands for payment. 18. Respondent did not resume the work, thereby abandoning the project. 19. Smith paid some family members to close up the house, so that she could move back in . COUNT I 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1)@), Florida Statutes, by abandoning 4 construction project in which the contractor is engaged or under contract as a contractor. COUNT 0 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as fully set forth herein. 23. Based on the foregoing, 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, by failing to include notice of the Construction Industries Recovery Fund in the contract, in violation of Section 489.1425(1), Florida Statutes. COUNT I 24. Petitioner realleges and incorporates the allégations set forth in paragraphs one through nineteen as fully set forth herein. 25. Based on the foregoingyRespondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, by failing to include his license number on the contract, in violation of Section 489.119(6)(b), Florida Statutes. COUNT IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as fully set forth herein. 27. Based on the foregoing, 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), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Assistant General Counsel crrippt (4 ly” F | L E D i" Department of Business and Professional Regulation DEPUTY MA . ~2004 Case # 2003-084 PC Found: August 24, 2004 Division J: M. Kane / T. Burke DATE

Docket for Case No: 07-005678PL