aay @6/ 2889 14:48 Aug 6 2009 10:55 8589219186 DEPR PAGE @4/ae Bngietment of Busines: ond Professional, Regutation: Deptty Agency Clerk CLERK Branden Miehols Gate 6/12/2009 Fie # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, vie Fetitioner, Case No. 2008-042725 MICHAEL WAYNE GRIMES, D/B/A HERITAGE AIRE CORPORATION Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction ‘industry Licensing Board, against MICHAEL WAYNE GRIMES, states: l- D/B/A HERITAGE AIRE CORPORATION, ("Respondent"), and Petitioner is the state agency charged with regulating the practice of contracting pursuant to Chapter 20.165, Florida Statutes, 2. and Chapters 455 and 489, Florida Statutes. Respondent is, and at all times material hereto was, a Certified Aix Conditioning Contractor, in the State of Florida, having been issued license number CAC 1814208, whieh is in current and active status. 3. Respondent ig and at all times material hereto was the Aug 6 2009 10:55 ge/@e/2889 le:de 8589219186 DEPR PAGE @5/@8 primary qualifier of Meritage Bire Corporation, a Construction Qualified business in the State of Florida, having been issued license number OB 45002. 4. Respondent's address of record is 11100 South West aan Court Road, Suite 10, Unit 107, Ocala, Florida 34481. 5. On or about November 23, 2008, Respondent, D/B/A Heritage Aire Corporation contracted with Jarold Woodrum to install a new air conditioning system at the residence located at 1212 Palmetto Drive, in Lady Lake, Floxida. 6. On February 5, 2008, dJarold Woodrum contacted a different contractor about a maintenance contract. At that time, it was determined that the air conditioning system was installed by Respondent without a permit. 7. On April 10, 2008, The Lake County Attorney filed an administrative Complaint against Respondent with Lake County Department of Growth Management, Building Services. 8. on dune 5, 2008, upon hearing of the matter, The Lake County Board of Building Examiners issued a Final Order. 9. The Lake County Board of Building Examiners found Respondent in violation of Florida Building Code, Chapter 1, Section 109.3, proceeding on any job without obtaining applicable local building permits and inspections. 10. In light of the foregoing, Respondent is also in violation of Section 489.129 (1) {o), proceeding on any jab Aug 6 2009 10:55 ge/@e/2889 le:de 8589219186 DEPR PAGE 86/88 without obtaining applicable local building permits and inspections. 11. The Lake County Board of Building Examiners ordered Respondent to pay administrative investigative cost in the amount of five hundred dollars ($500.00), and fines in the amount of five hundred dollars ($500) .00). 12. Im addition, the take County Board of Building Examinets suspended Respondent’s permitting privileges in Lake County until such time that Respondent obtained an after-the- fact permit and final imspection and until such time that the aforementioned administrative costs and fines were paid. 13. Based on the foregoing, Respondent violated Chapter 489.129(1) (h), Florida Statutes, by being disciplined by the Lake County Board of Building Emaminers. 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 yenewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Aug 6 2009 1o:hP 68/66/2689 16:48 8589219186 DEPR PAGE Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 10 day of Jume, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Paul R. Waters Paul Richard Waters, Esq. Assistant General Counsel Florida Bar No. 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile POP Date: 05/26/09 PCP Members: Watts/Weller a7/ee Aug 6 2009 10:57 ge/@e/2889 le:de 8589219186 DEPR PAGE @8/ae NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with S$eetions 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed om motice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 09-004205