Rall llab atcha Sone anc Min oe, oo: © Florida, having been “Ussued lice \w 7 ad ty & fo us STATE OF FLORIDA YG ary DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, = » CONSTRUCTION INDUSTRY LICENSING BOARD ls, My DIVISION II CW “$5 Mids On DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, oo CO _ 27 22. pL Petitioner, Case No. 98-21067 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 heret O, a certified Aix Conditioning Contractor, in the State of nse number CA C014666. 3. Respondent! 'S ‘last. “known addresses are 2401 NW 1ogt Drive, Coral ‘springs, FL 33065-3636 and 830 NW 57" Place, Ft. Lauderdale, I FL "33309. 4, At all times material hereto, Respondent was the F) ww WW licensed 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 3, 1998, Metro salesman Joe Senesac went to the home of Robert Bou, at 4960 NW 4ist Court, Ft. Lauderdale, Florida 33319, and obtained Bou's signature on a credit application and a blank Metro proposal by: a. Falsely representing to Bou that he and/or his company Environmental Services Group, Inc. and/or Metro were affiliated with FPL; and b. Offering to replace Bou’s air conditioner with a new more efficient air conditioner and by falsely representing to Bou . that Bou 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), “Plorida Statutes (1997). a . 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). 8. Thereafter, Metro replaced Bou’ 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 Bou never agreed to, 2 a ow , U $5,990.00, and then submitting the proposal and the credit application to the financing company. Approximately one month later, Bou 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 tne 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, “'Plorida Statute COUNT IT ‘A2. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as s though fully set “forth. An this. Based on the foregoing, the Respondent is ; guilty of w VU having failed to include his license number in a contract in violation of Section 489.119(6) (b), 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 III 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this count IIl. 15. Based on the foregoing, the Respondent is guilty of having failed to include ina 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) ( , 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. ww oo rw) violation, of Section. 489. .119(2), Florida Statutes (1997), and is 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. ~ CouUNT VI 20. Petitioner realleges arid incorporates the allegations | _set forth in paragraphs one through nine as though fully set forth in this Count VI. 21.0 Based on the foregoing, the Respondent is guilty of having violated Section 489. 2129(2) (BY, ‘Florida (Statutes (2997) + WHEREFORE, Petitioner respect fully requests the ‘Construction Industry Licensing | Board enter an Order imposing one or more of the following penalties: place on probation, TOR ee I TERN Re REE RMIT + ogee © —— Ww WY 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 55,000 per violation, Pontes 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 Avyest , 1999, Lohan # yan anol G.W. HARRELL CHIEF ATTORNEY COUNSEL FOR DEPARTMENT: Theodore R. Ga F | i ulation Senior Attorney pepariment of Bsns and ria ie - Department of Business and DEPU UTY os Professional “Regulation . ~ : 401 NW 2 Avenue #N607 oO Pyrpram Michele Miami, FL 33128 ~ mee CLERK 16-4 (305) 377-7115 DATE vs) - TRG/sb eos 6/30/39 “i. Case. #98-21067° RR: [ve] 44 Ces a Qawson

Docket for Case No: 00-002722PL