st é U. Gg FILE STATE OF FLORIDA orm DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Jyy CONSTRUCTION INDUSTRY LICENSING BOARD 26 Py 47 DIVISION I . DVVision DEPARTMENT OF BUSINESS AND AOHINIS TR Ay PROFESSIONAL REGULATION, ARINGS Petitioner, vs. Case No. 98-13006 WILLIAM D. JANAS, Respondent. / MI RATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (hereinafter "Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board against WILLIAM D. JANAS ("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 hereto, a Registered Building Contractor in Holmes County, Florida, having been issued license number RB 0066544. 3. Respondent's address of record is 2963 Milton Avenue, Marianna, Florida 32448. 4, At all times material hereto, Respondent was the qualifying agent for W.D. Janas Home Improvements ("Contractor") and was therefore responsible for the acts, omissions, and financial responsibility of the business as it relates to contracting. U, S 5. On or about March 3, 1998, Contractor contracted with Ralph Springer ("Customer"), to build a garage at 302 Floyd Drive, Lynn Haven, Bay County Florida 32444. 6. The contract price was $9,000, $2,700 of which Customer paid Subject as a down payment for the construction of the garage. 7. Respondent commenced work on or about March 3, 1998. 8. At all times material hereto Respondent was licensed, registered, or otherwise qualified to practice contracting in Holmes County, Florida. 9. At no times material hereto was Respondent licensed, registered, or otherwise qualified to practice contracting in the City of Lynn Haven. 10. Respondent was unable to obtain a building permit from _the City of Lynn Haven. 11. Customer subsequently requested Respondent to stop all work on the garage, allowing Respondent to keep $500 of the original $2,700 for costs and labor already completed under the contract. 12. Respondent contends that $500 was not enough to cover the costs of labor and materials already put into the job, and failed to refund Customer's money upon cancellation of the contract. COUNT 13. Petitioner realleges and incorporates paragraphs 1-12 as though fully stated herein. VY. UY 14. Section 489.117(1) (b), Florida Statutes, provides in part that registrants may contract only in the counties, municipalities, or development districts where he or she has complied with all local licensing requirements and only for the type of work covered by the registration. 15. Based on the foregoing, Respondent violated Section 489.129(1) (j), Florida Statutes, any failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, specifically Section 489.117(1) (b), Florida Statutes. co i 16. Petitioner realleges and incorporates paragraphs 1-15 as though fully stated herein. 17. Based on the foregoing, Respondent has violated Section 489.129 (1) (n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. WwW, wy) 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 $5,000 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. ZA. : Signed this [7 day of glint , 1998. Richard T. Farrell Secretary , D5 te Vy: Leon M. ByYegalski Senior Attorney COUNSEL FOR DEPARTMENT: Leon M. Biegalski F | L E D Senior Attorney Department of Business and Professional Regulation Florida Bar Number: 0974943 . . DEPUTY CLERK Department of Business and Professional Regulation (2 M Hk / Northwood Centre CLERK ile 1940 North Monroe Street 2-43 Suite 60 DATE bal Tallahassee, FL 32399-0792 LMB/j1d July 28, 1998 Case #98-13006 “PCE A-1& -98 Simmons ~~ Reighle

Docket for Case No: 00-002597