No Ned oy Cy an . STATE OF FLORIDA :? DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION) Gy, py CONSTRUCTION INDUSTRY LICENSING BOARD ip, Ue: DIVISION II HSIN. 49 yan Lr, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ; Y-2712| an Petitioner, Case No. 98-22026 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 a a Ml 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 fat all times material hereto, a Certified Air Conditioning Contractor, in the State of ! Florida, having been issued license number CA C014666. 3. Respondent ' Ss last known addresses are 2401 NW 108° rth Place, Ft. Drive, Coral Springs, “FL "33065-3636 and. 830 NW Lauderdale, FL 33309. 4. At all times material hereto, Respondent was the see hak a en al a Recovery Fund in violation of icensed Qualifier for Metro Air Conditioning, Inc. (hereinafter referred to as "Metro") and was responsible in such Capacity for all of its contracting activities. 5. On or about June 24, 1998, Metro Salesman Joe Senesac went to the home of Marie Backer, at 3499 NW 324 Court, Ft, Lauderdale, Florida 33309, and obtained Backer's signature ona credit application and a blank Metro Proposal by: a. Falsely representing to Backer that he and/or his company Environmental Services Group, Inc, and/or Metro were affiliated with FPL; and b. 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 right under the Construction Industries Section 489.1425, Florida Statutes (1997) , cf 8. Thereafter, Metro replaced Backer’s air conditioner, 1 $5, 990.00, and then submitting the proposal and the credit application to the financing company. Approximately one month later, Backer received a bill from a financing company, HRS, for $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 IZ 12, Petitioner realleges and incorporates the allegations set forth ; in _ Paragraphs one through nine as though Fully set forth in this Count II. 13. Based on the foregoing, the Respondent is guilty of Se ae having failed to include his license number in ac a o “ forth in this count rv vv Nd ontract in violation of Section 489.119(6) (b), Florida Statutes (1997), and is thereby guilty of having violated Section 489.129(1) (4), “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) (4), Florida Statutes (1997), by failing in any material frespect to comply with the provisions of this Part or violating a rule or lawful order of the board. ae 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set Based on the foregoing, the Respondent is guilty of having failed to obtai tifi ate of authority for Metro in OME ER ges ope ene AL an i iil i ail ll ‘construct on ‘Industr Priolation of Section 489.119(2), Florida Statutes (1997), and is tthe: . 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 eats 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 Vv. 19. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (n), Florida Statutes (1997), ! i | 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 (Pp), Florida Statutes (1997), by proceeding on any ,job without obtaining applicable local building department permits and inspections. WHEREF RE, Petitioner xespectfully requests the Licensing Board enter, an, Order imposing One, or more” of the following penalties: place on 1 probation, SRT TI ORE RR ae eee Mom em ae ne ‘y) iW reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate. or registration, require financial restitution to a consumér, 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 velief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this VU day of Ales vo? , 1999. Ca he # AYoud G.W. HARRELL CHIEF ATTORNEY COUNSEL FOR DEPARTMENT: Theodore R. Gay . F | L E ) Senior Attorney Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation MH 401 NW 2 Avenue #N607 - Dagny Vicholt Miami, FL 33128 CLERK (305) 377-7115 Lp DATE -\6 ce TRG/sb : f 6/30/99 Case #98- ~22026 CR. fess aq Coroart 4 Lawson cre eer newer

Docket for Case No: 00-002721PL