Apr 30 2008 9:49 @4/3e/ 2888 89:32 8589219186 DEPR PAGE @5/@8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-069536 Vv. RONALD BETHEL Respondent. ; ADMINISTRATIVE COMPLAINT . Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RONALD BETHEL, ("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 C1509968 and a Certified Plumbing Contractor in the State of Florida, having been issued license number CF C1426843, 3. Respondent's last known address of record is 1779 NW 93” Street, Miami, FL 33147. Apr 30 2008 9:49 @4/3e/ 2888 89:32 8589219186 DEPR PAGE 86/88 4. At all times material hereto, Respondent was the prima y qualifying agent for Ro- Le-Be Construction, Inc.. ("RLBC"), which had a certificate of authority, QB 43687 but such certificate of authority expired on August 31, 2007 and has not been renewed. 5. Section 489.1195(1)(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 January 27, 2005, Marthine Janvier (“Janvier”) entered into a contract with Herbert Ellis, d/b/a EKR Construction, Inc. (“EKR”) to build an addition to the _residence located at 1370 NE 205" Terrace, Miami, FL 33179. 7. The total price was $29,000.00, of which $24,000.00 was paid to EKR by J anvier. 8. The permit for the work to be performed pursuant to the contract between Janvier and EKR was obtained in the name of RLBC, using Respondent’s contractor’s license number. 9. Respondent did not have a contract with Janvier to complete any contracting activities. 10. Respondent was not qualifying EKR at the time of the contract or at the time he pulled the permit. 11. Respondent was not an officer or employee of EKR at the time of the contract or at the time he pulled the permit. 12. EKR is an unqualified corporation and did not have an active contractor (registered or certified) or qualifier associated at the time of entering into the contract with Janvier or beginning work pursuant to the contract with Janvier. 13. In regards to the contract between Janvier and EKR, work was begun but not completed, there were no final inspections obtained by RLBC or Respondent and the work was subsequently abandoned, Apr 30 2008 9:49 @4/3e/ 2888 89:32 8589219186 DEPR PAGE @7/ae COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein, 13. Section 489.119(2), Florida Statutes, requires that a contractor must qualify and obtain a certificate of authority for any company in which the contractor is engaging in contracting, | 16. Ro-Le-Be Construction Inc. is not a qualified business as required by Section 489.119(2), Florida Statutes and has not maintained the necessary certificate of authority, 17, Respondent engages in contracting in the name of Ro-Le-Be Construction, Inc. 18. 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 Chapter 489, Part I, Florida Statutes, or violating a mule or lawful order of the board, by having violated section 489.119(2), Florida Statutes. COUNT II 19, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489,129(1)(d), Florida Statutes, by assisting an unlicensed contractor in engaging in the unauthorized practice of contracting. COUNT TT 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 22. Based on the foregoing, Respondent violated section 489.129(1)(e), Florida Statutes, by conspiring with an unlicensed contractor to engage in the unauthorized practice of contracting. Apr 30 2008 9:50 O4/38/2088 89:32 8589219186 DEPR PAGE 88/88 COUNT IV 23, ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 | through 22 as though fully set forth herein, . 24. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. 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 arid 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 oe day of “2007. PC Found: December 4, 2007 . Wis Div. I: Del Vecchio & Cox Div. 0: Holloway & Engelmeier By: Matthew D, Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: Matthew D, Morton ‘ : Assistant General Counsel F | L ED onal Ragutation Department of Business and Department of Business a — DEPUTY CLERK Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202

Docket for Case No: 08-002137PL