ed Ned on & . » STATE OF FLORIDA Lb, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION/7, %, CONSTRUCTION INDUSTRY LICENSING BOARD — 4iKV/gily, |? < Ly $9 DIVISION II Vig DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . C0-Z120FR Petitioner, Case No. 9398-21008 vs. FREDERICK L. INGLE, Respondent. , ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FREDERICK L. INGLE, ("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 Certified air Conditioning Contractor, in the State of Florida, having been issued license number CA C014666. 3. Respondent's last known addresses are 2401 NW i108" Drive, Coral Springs, FL 33065-3636 and 830 NW 57‘* Place, Ft. Lauderdale, FL 33309. . 4. At all times material hereto, Respondent was the \w icensed qualifier for Metro Air Conditioning, Inc. (hereinafter / referred to as "Metro™) and was responsible in such capacity for 7 all of its contracting activities. 5. On or about May 27, 1998, Metro salesman Joe Senesac went to the home of Frank Burak, at 4141 NW 48> Avenue, Ft. Lauderdale, Florida 33319, and obtained Burak’s signature on a credit application and a blank Metro proposal by: a. Falsely representing to Burak that he and/or his company Environmental Services Group, Inc. and/or Metro were affiliated with FPL; and b. Offering to replace Burak’s air conditioner with a new more efficient air conditioner and by falsely representing to Burak that Burak would pay for the new air conditioner over time with payments to FPL. . 6. The Respondent’s license number did not appear in the proposal, in violation of Section 489.119(6) (b), Florida Statutes (1997). | 7. The proposal did not contain a written statement explaining consumer’s rights under the Construction Industries Recovery Fund in violation of Section 489.1425, Florida Statutes (1997). f 8. Thereafter, Metro replaced Burak’s air conditioner, without obtaining a building permit, and Metro obtained compensation for the work from a financing company by filling in the blank proposal with a price that Burak never agreed to, 2 990.00, and then submitting the proposal and the credit z . “application to the financing company. Approximately one month i later, Burak received a bill from a financing company, HRS, for é , $5,990.00. 9. At all times material hereto, Metro failed to obtain a certificate of authority as a business organization in violation of Section 489.119(2), Florida Statutes (1997). . COUNT I 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count I. . 11. Based on the foregoing, the Respondent is guilty of having violated Section 455.227(1) (m), Florida Statutes (1997) by making deceptive, untrue, or fraudulent representations in or related to the practice of contracting or employing a trick or scheme in or related to the practice of contracting, and is thereby guilty of having violated Section 489.129(1) (c), Florida Statutes (1997), by violating any provision of Chapter 455, Florida Statutes. COUNT ITI 12. Petitioner tealleges and incorporates the allegations set forth in paragraphs one through nine as though fully set “forth in this Count 11. te 13. Based on the foregoing, the Respondent is guilty of. ving failed to include his license number in a contract in /Miolation of Section 489.119(6) (b), Florida Statutes (1997), and is thereby guilty of having violated Section 489.129(1) (5), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. .COUNT III 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through nine as though fully set forth in this Count III. 15. Based on the foregoing, the Respondent is guilty of having failed to include in a contract a written statement explaining consumers’ rights under the Construction Industries Recovery Fund in violation of Section 489.1425, Florida Statutes (1997), and is thereby guilty of having violated Section 489.129(1) (3), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT IV 16. Petitioner realleges and incorporates the allegations set forth in paragraphs fone through nine as though fully set forth in this Count tv. 17. Based on the foregoing, the Respondent is guilty of having failed to obtain a certificate of authority for Metro in since al AAR = Se wiolation of Section 489,119(2), Florida Statutes (1997), and is “teem. thereby guilty of having violated Section 489.129(1) (j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT V 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count V. 19. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (n), Florida Statutes (1997), by committing incompetency or misconduct in the. practice of contracting. COUNT VI 20. Petitioner realleges and incorporates the allegations ‘set forth in paragraphs one through nine as though fully set forth in this Count VI. 21. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1)(p), Florida Statutes (1997), by proceeding on BY job without obtaining applicable local building department ‘permits and inspections. . WHEREFORE, Petitioner respect fully 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. Signed this ™ day of _ Aujost , 1999. Cahn. Xk Dana G.W. HARRELL CHIEF ATTORNEY COUNSEL FOR DEPARTMENT: F | j tion Theodore R. Gay Department of Business and Professional Regulat Senior Attorney DEPUTY Department of Business and . Professional Regulation Pyprdin ichole 401 NW 2 Avenue #N607 CLERK ae Miami, FL 33128 Z-\6 - (305) 377-7115 DATE __&* gee Je f TRG/sb 6/30/99 Case #98-21008 PUR. 72s] 14 Cosary 46 Jarson

Docket for Case No: 00-002720PL