Oct 7 2009 $:55 la/e7/2689 88:46 8589219186 DEPR PAGE 3/11 Department of Mistress and Profesional Regulation Peputy Agency Clerk CLERK Brandon Nichols bate 5/14/2008 File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISTON II , DEPARTMENT OF BUSINESS AND " PROFESSIONAL REGULATION, Petitioner, Vv. Case Noa. 2008-037419 DENNIS PURCELL, , Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DENNIS PURCELL ("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, a Certified A/C Contractor, lisense number CAC 057580, in the State of Florida, which is currently in “current active” status. 3. Respondent’s address of record is 355 $.W. 413th Avenue, Pompano Beach, Florida 33069, 4, At all times material, Respondent was the licensed GAOGC\Coats\2008 AC\Purcell-AC-2008-03741 9(1 19(2), 1 19(6)(b),0,m).doc Oct 7 2009 3:56 lafar/28e9 8a:46 8589219186 DEPR PAGE @4/11 primary qualifying agent for Florida Mechanical Air Conditioning and Refrigeration (“Florida Mechanical”). 5. At ali times material, Florida Mechanical did not possess a qualified business license, also known as a certificate of authority, “as required by Section 489.119(2), Florida Statutes. 6. 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 ali 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 Mach 12, 2007, Respondent doing business as Florida Mechanical, submitted a proposal to Jules Minker (“Minker”) to install air conditioning units on a building located at 3111 S.W. 14 Court, Pompano Beach, Florida for the cost of approximately $31,300.00. 8. The proposal failed to include Respondent’s license number as required by Section 489.119(6) (b), Florida Statutes. 9. In or about March 2007, an agreement was reached after Minkeér accepted the proposal submitted by Respondent for Respondent to perform the scope of work at the cost as outlined in the proposal. 10. In ox about April 2007, Respondent was issued GAOGC\Coats\2008 AC\Purcell-AC-2008-037419(1 19(2),119(6)(b),o,1).doc Oct 7 2009 3:56 lafar/28e9 8a:46 8589219186 DEPR PAGE 5/11 mechanical sub-permits under roof permit numbers 06-12355 and 06-12354 issued by the City of Pompano Beach Building Department. 11. Subsequent to the mechanical sub-permits being issued, Respondent performed the work outlined in the proposal. 12. The work failed final inspection by the City of Pompano Beach Building Department. 13. Respondent failed to make the necessary corrections, and request a follow up inspection by the City of Pompano Beach Building Department. COUNT T 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 15. Seetion 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contract as a business organization, ineluding any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 16. Based on the foregoing, Respondent violated Section 489.129(1) (4), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating GAOGC\Coats\2008 AC\Purcell-AC-2008-037419(119(2),1 19(6)(b),o,m).doe Oct 7 2009 3:56 lafar/28e9 8a:46 8589219186 DEPR PAGE 46/11 a rule or lawful order of the board, by having violated Section 489.119(2), Florida Statutes. COUNT II 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 18. Section 489.119(6) (bo), Florida Statutes, provides. in part that the registration or certification number of each contractor shall appear in each offer of services, business Proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by the contractor in the practice of contracting. ) 19. 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 having violated Section 489.119(6) (b), Florida Statutes. COUNT IIT 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 2l. Based on the foregoing, Respondent violated Section 489.129(1) (0), Plorida Statutes, by proceeding on any -jeb without first obtaining applicable local building permits and GAOGC\Coats\2008 AC\Pureell-AC-2008-037419(719(2),1 19(6)(b),0,m).dac Oct 7 2009 3:56 lafar/28e9 8a:46 8589219186 DEPR PAGE 7/11 inspections. COUNT IV 22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 23. Rule 6164-17,001(m)2, Florida Administrative Code, provides that misconduct or incompetency _in the practice of contracting, shall ine¢lude but is not limited to violation of any provision of Chapter 6164, F.A.C., or Chapter 489, Part I., F.S. 24. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G64-17.001(m)2, F.A.C. 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board GAOGC\Coats\2008 AC\Purcell-AC-2008-037419(1 19(2),119(6)(b),0,m).doc Oct 7 2009 3:56 lafar/28e9 8a:46 8589219186 DEPR PAGE 8/11 is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this ZSt%, day of Out , 2009 CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Assistant General Counsel Florida Bar No. 0829811 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-220 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found 04/28/09 Division I: Bailey/Lenois GAOGC\Coats\2008 AC\Pureell-AC-2008-037419(119(2),1 19(6)(b),o,m).doc

Docket for Case No: 09-005459PL