Dapwrunent of Bueinans und Hrofecsioial kepultion Deputy Aguney Clerk Brandon Ni¢hols 10/21/2009 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008-050461 JERALD RYAN D/B/A FLORIDA POOL PROFESSIONALS Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against JERALD RYAN, (“Respondent”), and says: ‘1. Petitioner is the state agency charged with regulating the practice of contracting pursuant te 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 Pool/Spa contractor in the State of Florida, having been issued license number CPco42901, which is at present time in 4 current and active status, 3. Respondent's last known address of record is 26 NR 17° Place, Cape Coral, FL 33909, Dovument in Unmarned ’ 1 éT/é28 Fd Ada SSBTETé6aS8 cB-PT Glee /ET/ Pa Thitl ofom ¢t 4dy 4. On ox about April 29, 2008, Walter Rowley, doing business as “RUW Construction and Excavating”, entered inte a contract with Jeffrey Shuman (hereinafter ‘“Shuman”) for construction of a pool and cage “basic pool package” at Shuman’s home located in Lehigh Acres, Florida for a total contract price of 18,441.00, 5. At no time material hereto, was Walter Rowley duly certified or registered to engage in the practice of pool/spa contracting in the State of Florida, 6. At no time material hereto, was RJW Construction and Excavating duly qualified to engage in the practice of pool/spa contracting in the State of Florida. 7, On or about May 7, 2008, Respondent applied for, and on May 14, 2007 was issued building Permit No. POL2008-00265 from the Lee County Building Department for the above described project. 8. Respondent either knew or had reasonable grounds to know that Walter Rowley, and ROW Construction and Excavating were not certified, registered, or qualified to engage in the practice of contracting in the State of Florida, 9. At no time material hereto, was Respondent a party to a contract with Shuman for the above described project. 10, At no time material hereto, was Walter Rowley an employee of Respondent. Document in Unnamed tN ZTfEB Fd Ada SSBTETé6aS8 cB-PT Glee /ET/ Pa Tlivl otoz eT dy éT/PG li, At no time material hereto, did Respondent perform any of the work under the above described project. 12, At no time material hereto, did Respondent supervise any of the work under the above described project. 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Based on the foregoing, Respondent viclated Section 489,129(1) (d), Plorida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT ZI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489,129(1 ) (a) Florida Statutes, by committing incompetency or misconduct in the practice of contracting. WEEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing Dovament in Unananod 3 Fad Ada SSBTETé6aS8 c-PT Glee /ET/ Pa Tlivl otoz eT dy 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 gonsitner; imposé 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 435.227(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 29° day of September, 2009. . ) ) CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation BY: Sorin Ardelean Serin Ardelean Assistant General Counsel Florida Bar No; 734853 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found 09/29/09 Division II: Flaherty/Lenois Document in Wnnamed 41/58 38d aac SSBTETé6aS8 ch iPT Thitl ofom ¢t 4dy Bled sET Pa NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Plorida 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 om the facts alleged. NOTICE REGARDING ASSESSMENT OF COS'TS Respondent is placed on notice 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 dn:addition to any other discipline imposed, Docuniont in Unnamed 5 éT/98 Sav dad 98TbTcbese éa-pT Tee /felt/Pra Tlivl otoz eT dy

Docket for Case No: 10-001947