Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Date 5/8/2015 File DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-005262 KEVIN T. SMITH, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business ‘and Professional ‘Regulation (“Petitioner”) files this Administrative Complaint before the Construction. Industry Licensing Board, Division TI, against Kevin. T. Smith (“Respondent”), and alleges: 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. At all times material hereto, Respondent was licensed as .a ‘Certified Plumbing .Contractor in the.State of Florida, having been issued license number CFC 027524, 3. Respondent's address of record is 3999 W. 1st Street, Sanford, FL 32771. 4, At. all times -material «hereto, Respondent. .was~° the primary, qualifying agent ‘of Advanced Pool Heating Inc., d/b/a State Energy Conservation (“State Energy”). 5. 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 ~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. 6. At no time material hereto was Respondent properly certified or registered to act. in the capacity of an air conditioning contractor, a roofing contractor, ‘or a’ solar contractor, or perform air conditioning, roofing, or solar work. 7. At no time material hereto was State Energy properly qualified by any person certified or registered to act in the capacity .of -an- air conditioning - contractor, a .roofing contractor, or a.solar contactor, or -—perform ‘air conditioning, roofing, or solar work. 8. On or about April 28, 2012, Respondent and/or State Energy entered. into ..a written contract with Charles A. Bryan (“Complainant”) -for the installation of a solar attic fan and air conditioning unit at Complainant’s residence. 9. Complainant’s residence is located at 668 Anchorage Dr., North Palm Beach, FL 33408. 10. The contract price was $11,345.00. 11. Respondent and/or State Energy contracted and accepted payment for air conditioning, solar, and roofing work requiring licensure under chapter 489, part I, Florida Statutes. 12. Respondent and/or State Energy subcontracted the work to Haldane K. Martin (“Martin”) d/b/a Hal’s Air and Appliance Solution, Inc. (“Hal's Air”) for compensation. 13. At no time material hereto was Martin certified or registered to engage in the practice of air conditioning or roofing contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 14. At no time material hereto was Hal’s Air qualified by any person certified or registered to engage in the practice of air conditioning or roofing contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 15. Martin d/b/a Hal’s Air proceeded on the job without Respondent and/or State Energy obtaining applicable local building department permits and inspections. 16. Respondent knew or had reasonable grounds to know that Martin was not certified or registered to engage in the practice ef air conditioning or roofing contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 17. Respondent knew or had reasonable grounds to know that Hal's Air was not qualified by any person certified or registered to engage in the practice of air conditioning or roofing contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 18. Martin d/b/a.Hal’s Air performed air conditioning and roofing work pursuant to the contract. COUNT ONE 19, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eighteen as though fully set forth herein. 20... Section 489,129(1) (c), Florida Statutes (2011), provides for discipline against a licensee for violating any provision of chapter 455, Florida Statutes. 21. ..Based upon the foregoing, Respondent violated section 489.129(1) (c), Florida Statutes. (2011), when Respondent: violated section 455.227(1) (0), ‘Florida Statutes (2011) -by -practicing- or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities. the licensee. knows, or has. reason’:to know, the licensee. is not competent to perform. COUNT TWO 22. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eighteen as though fully set forth herein. 23. Based upon the foregoing, Respondent violated section 489.129(1)(d), Florida Statutes (2011), by performing an act which assists a person or entity in engaging in the prohibited uncertified and unregistered 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 section 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. [SIGNATURE PAGE TO FOLLOW] Signed this 28% day of April, 2015. KEN LAWSON, Secretary Department of. Business and Professional Regulation By: W. Justin Vogel W. Justin Vogel Assistant General Counsel Florida Bar No. 112261 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1795. Telephone (850) 921-9186 Facsimile Probable Cause Found 04/28/2015 By: Lenois/Watts NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that Respondent has the right to request a hearing to be conducted in accordance with sections 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 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to rule 28-106.2015, Plorida Administrative Code. NOTICE REGARDING ASSESSMENT OF COSTS 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 15-005318PL