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05/25/2011 20:40 8509219185 DBPR PAGE 02/08

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. case No. 2010-043674

GARY L. ANSLEY,

Respondent.

/

ADMINISTRATIVE COMl?LAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION, ("Petitioner"), files this Administrative Complaint before the construction Industry Licensing Board/Divi.sion I, against GARY L. ANSLEY ("Respondent") and says:

J.. Petitioner is the state agency cha.rged with regulating the practice of contracting pursuant to Section 20.165, Florida statutes, and Chapters 455 and 489, Florida Statutes.

1. Respondent is a certified building contractor (license number CBC 036329) in the State of Flo1:ida.

2. Respondent's address of record is 423 N.E. 26th Street Wilton Manors, Florida 33305.

3. F.i:om approximately Decembe:r 23, 2004 to present, Respondent has been the licensed primary qualifying agent for A&A Construction Company Diversified d/b/a A&A Construction Co. ("A&A Construction").

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4. Section 489.1195 (1) (a), Florida Statutes, provides

   that a.11 primary qualifying agents fc,r 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.

5. On or about October 14, 2008, Respondent, doing business as .A.&A Construction, entered into a contra.ct with Robert Lichtenstein ("Lichtenstein") to remodel portions of a residence, to include but not be limited to three bathrooms, located at 1031 Silverbell Street Hollywood, Florida.

6. The contract price for the project was $25,073.00.

   
   

7. The contract fai.led to contain a w;i:-i tten statement explaining the home o wne ;i:- 1 s rights und,ir the Florida Homeowners' construction Recovery Fund as required by section 48 9. 14 25 ( 1) , Florida Statutes.

8. Thescope of work outlined i.n the cont;i:-act required a building permit from the local building department.

9. On or about October 14, 2008, Lichtenstein paid Respondent $7,522.00, or approximately thirty percent (30%) of the contract price.

10. Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $7,522.00, or approximately thirty percent (30%) of

    05/25/2011 20:40 8509219185 DBPR PAGE 04/08

    
    

    the contract price.

11. In or about November 2008, Respondent commenced construction on the project without the required building permits being applied for, approved, and issued from the local building department.

12. Lichtenstein paid Respondent approximately $18,841.21

    
    

    for the project.

    
    

    COUNT I

    
    

13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein.

14. Section 489.129(1) (i), Florida Statutes, provides discipline against a licensee by failing in any material respect to comply with the provisions of Part I, Ch. 489, F.S. or violating a rule or lawful order of thE board.

15. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restorati.on, improvement or construction to residential real property must contain a written statement explaining the consumer's rights under the Florida Homeowners' Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.

16. Based on the facts set forth above, Respondent violated Section 489.1425(1), Florida Statutes by failing to include a written statement in the contract explaining the

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    consumer's rights under the Florid

    Homeowners' Construction

    
    

    Recovery Fund.

17. Based on the foregoing, R spondent violated Section

    
    

    489.129(1) (i), Florida Statutes 489.1425(1), Flor.ida statutes.

    COUNT II

    by violating Section

    
    

    j

18. Petitioner. re-alleges and i corporates the allegations set forth in par.agraphs one through tlirteen a.s though fully set

    forth herein.

19. Section 489.129(1) (i), Fc,rida Statutes, provides discipline against a licensee by faillng in any material respect to comply with the pr.ovisions of !art I, Ch. 489, F.S. or violatJ.ng a rule or. lawful order of thjE, board.

20. Section 489.126, Florida. tatutes, provides that a

    
    

    contractor who receives, as initial plym.ent, money totaling more than ten percent (10%) of the coltract price for repair., restoration, improvement, or construbtion to residential real property must apply for permits necelsary to do work within 30 days after the payment is made, exce!t where the work does not require a permit under the applicl,le codes and ordinances unless the person who made the paym.enb agreed, in writing, to a longer pe,,;iod to apply for the necessa y permits.

21. Based on the facts set

    forth above,

    Respondent

    
    

    violated Section 489.126, Florida tatutes by receiving an

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    initial payment of money totaling the contract price for repair,

    mor than ten reltoration,

    percent (10%) of improvement, or

    construction to resi.dential real pro erty and failing to apply

    
    

    for permits necessary to do work rithin 30 days after the

    
    

    payment is made, except where the wor does not require a permit under the applicable codes and ordinJnces unless the person who made the payment agreed, in writing, ho a longer period to apply for the necessary permits.

22. Based on the foregoing, 489.129(1) (i), Florida Statutes by

    spondent violated Section iolating Section 489.126,

    Florida Statutes.

    
    

    COUNT III

    
    

23. Petitioner re-alleges and i.corporates the allegations

    
    

    set forth in paragraphs one through forth herein.

    tlirteen as though fully set

24. Secti.on 489. l29 (l) (o), rida statutes, provides

discipline against a licensee by pro

on any job without

obta.ining applicable local building pe mJ.ts and inspections.

2 6. Based on the facts set forth above, Respondent violated Section 489.129(1) (o), Flori a Statutes, by proceeding on any job without obtaining applicable local building permits and inspections.

27. Based on the foregoing, R spondent violated section

489.129(1) (o), Florida Statutes.

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WHEREFORE, l?etition,er 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, requi.r.e fJ.nancial 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 deli.neated wi.thin Section

455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules prom.ul.gated th, reunder.

Signed this

PC Found 01/25/2011 Wilfor.d/Kalmanson

     25         day of January , 2011.

CHARLIE LIEM, Secretary Department of Business and Professional Regulation

By:  <Bria.n (Patric& Coats Br.ian Patrick Coats Assistant General Counsel

Florida Bar No. 0829811 Department of Business and

l?r.ofessional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 48fl-0062 Telephone

(850) 921-9186 Facsimile

Docket for Case No: 11-002747PL