Jan 15 2009 10:24 B1/15/2689 11:21 a5ag21918 6 DEFR PAGE 83/30 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No.| 2007-042849 JOHN $. ADAIR JR., D/B/A ADAIR HEATING AND AIR, Inc., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint pefore the Construction Industry Licensing Board, against JOHN S, ADAIR 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 Air Conditioning Contractor in the State of Florida, having been issued license number CA 58547, which is in current and active status. GAOGCMortunas\New Format Admin. ComplaintsUohn §. Adair Jr., 489.1291 )(2)G)n)(I). Caac# 2007-042849.doe } Jan 15 2009 10:24 @1/15/2889 11:21 8589219186 DEPR PAGE 84/38 3. Respondent's last known addresses of record are P.O. Box 61823 Jacksonville, Florida 32236 and 2558 Lourdes Drive West, Jacksonville, Florida 32210. 4. At all times material hereto, Respondent was doing business as Adair Heating and Air, Inc. (“Adair”). 5. At all times material hereto, Respondent possessed a current certificate of authority 45 required by Section 489,.119(2) Florida Statutes, having been issued QBF 43810. 6. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally xesponsible 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. 7. On or about June 13, 2007,. Respondent entered into a contract with Lloyd Brooks (“Brooks”) to install an air handler and related air conditioning equipment at the residence of Brooks located at 3593 Westover Road, Orange Park, Florida. 8. The total contract price was $1,500.00, of which Respondent has been paid $750.00. 9. Respondent performed no work contracted for. 10. Respondent abandoned the project by failing to commence work for a period of at least ninety consecutive days. GAOGC\Fortunas\New Format Admin. ComplaintsVohn 8, Adair Jr. 489.129(1)(e)G)(myfi), Case 2007-042849 doc 2 Jan 15 2009 10:24 1/15/2689 11:21 8589219186 DEPR PAGE 85/38 11, Since Respondent did not perform any work, despite being paid 508 of the contract price, the percentage of the work completed was less than the percentage of the contract price paid at the time of Respondent’s abandonment . 12, Respondent received 50% percent of the contract price and failed to apply for a permit within thirty days. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14, Section 489.126(2) (a), Florida Statutes, provides that a contractor who. receives, as an initial payment, money totaling more than 10 percent of the contract. price for repair, restoration, improvement or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 15: Based on the foregoing, Respondent. violated Section 489.129(1) (i), Plorida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule.or lawful order of the GAOGC\Fortunas\New Format Admin. CompiaintsVohn &. Adair Jr, 489.129(1)(290 (m1) Cased 2007-042849,doc 3 Jan 15 2009 10:24 @1/15/2889 11:21 8589219186 DEPR PAGE 86/38 board, by having violated Section 489.126(2) (a), Florida Statutes. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(g) (2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.- Financial mismanagement or misconduct occurs when the contractor. has abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the. contractor is entitled to retain such funds under the terms of the contract er refunds the excess funds within 30 days after the job is abandoned. COUNT THREE 48. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489,129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days G\OGC\Fortunas\New Format Admin. Complaints\Vohn §, Adair Jr, 489,129(1)(2)0)(m)(t) Casch 2007-042849 doe 4 Jan 15 2009 10:25 1/15/2689 11:21 8589219186 DEPR PAGE 87/38 {if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT FOUR 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489,.129(1)(m), Florida Statutes, by committing incompetence or misconduct 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Saction 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. GAOGC\Fortunas\New Format Admin, Complaints\Vohn §. Adair Jr. 489.1291 )(g)G)(m)(1) Case 2007-042849,doc 5 1/15/2689 11:21 8589219186 Signed this zoe PC Found: August 26, 2008 Div. I: Pietanza & Lawson Jan 15 2009 10:25 DEPR PAGE 88/38 day of Acai , 2008. “James Fortunas Assistant General Counsel Florida Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 FILED Department of Business and Professional Regntation DEPUTY CLERK CLERK DATE . GAOGC\Fortunas\New Format Admin, ComplaintsVohn S$. Adair Jr. 489.1290) (a)(i(m)(i), Case# 2007-042849 dor 6

Docket for Case No: 09-000223PL