O OOWUL-5 ayytsy7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . 00 3157] Case No. 97-21519 vs. ROY H. ROCHESTER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROY H. ROCHESTER, ("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 ee Rea ee eee WY . S) Florida, having been issued license number CA C010873. 3. Respondent's last known address is PO BOX 3168, Stuart, Florida 34995-3168. 4. At all times material hereto, Respondent was the licensed qualifier for Atlantic A/C & Heating, Inc. (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. COUNT I 5. Petitioner realleges and incorporates the allegations ‘set forth in paragraphs one through four as though fully set forth in this Count I. 6. Section 489.119(2), Florida Statutes, provides: “If. the applicant proposes to engage in business as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying ‘agent ‘and under a “gictitious name, if any.’ an At no time’ material to the allegations contained in this ndministrative Complaint, did the Respondent possess a qualified business certificate of authority. 8. Based on the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (1998 “SUPP. ), by failing in any - S) material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT II 9, Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through seven as though fully set forth in this Count II. 10. At no time material hereto, was Jimmy Freeman and/or Ray Freeman, dba The Energy Conservation Program, or as Capax Enterprises, Inc. (hereinafter referred to as “Unlicensed Contractor”), properly certified, or registered to perform construction in the State of Florida, nor did that name appear on the Respondent’ s certification. 41. On or about October 21, 1997, the Unlicensed Contractor contracted with Kiwana Alexander to install an air conditioning unit at 1591 NE 15 Street, Okeechobee, Florida, for Eight Thousand, Three Hundred dollars ($8,300.00). 12. In or around October 1997, the Contractor installed the air conditioning unit at 1591 NE 15 Street, Okeechobee, Florida. 13. The Contractor failed to obtain the required permit for the air conditioning unit installation at 1591 NE 15 Street, Okeechobee, Florida. : 14. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited aol are ka. 1 unit at 1770 NW v S) uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or antity was uncertified and unregistered. COUNT III 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven as and ten through thirteen as though fully set forth in this Count TIT. 16. Based on the foregoing, the Respondent violated Section 489.129(1) (p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspections. . count IV 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven as and ten through thirteen as though fully set forth in this Count IV. 18. On or about October 8, 1997, the Unlicensed Contractor ‘contracted with Elizabeth Miley to install an air conditioning : Stréet, Okeechobee, “Plorida, for Seven ap ‘Thousand, Five Hundred dollars ($7,500.00). 19. In or around October 1997, the Contractor installed the air conditioning unit at 1770 NW 8 Street, Okeechobee, Florida. 20. Based on the foregoing, the Respondent violated Section ba w) 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT V 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen and eighteen through nineteen as though fully set forth in this Count V. 22. The Contractor failed to obtain the required permit for the air conditioning unit installation at 1770 NW 8 Street, Okeechobee, Florida. 23. Based on the foregoing, the Respondent violated Section 489.129(1) (p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT VI 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen and twenty two as "though fully : set forth in this Count VI. 25. On ox about September 24, 1997, ua wltzanda Contractor “contracted with Cora Lavell to install an air U ; . eS) conditioning unit at 14942 SW 172 Avenue, Indiantown, Florida, for Five Thousand, Seven Hundred dollars ($5, 700. 00). 26. In or around September 1997, the Contractor installed the air conditioning unit at 14942 SW 172 Avenue, Indiantown, Florida and obtained the building permit. 27. Based on the foregoing, the Respondent violated section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT VII 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen and twenty two as though fully set forth in this Count VII. 29. Section 489.127(4) (c), Florida Statutes provides: A certified « ox x registered contractor, or contractor authorized by a local construction ‘regulation board ‘to do contracting, may not : apply for or obtain a pbuilding permit for construction work ~ unless the certified or registered contractor, or contractor authorized by 3 a local construction regulation board to do contracting, ‘or business organization duly: ‘qualified by “said contractor, has entered “into. a contract to make ‘improvements to, ‘or perform the contracting at, the real property specified in the application or permit. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor. 30. The foregoing constitutes a violation of Section ~489.127(4) (c), Florida Statutes. 31. Based on the foregoing, the Respondent 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 VIII 32. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, and twenty nine through thirty as though fully set forth in this Count VIII. 33. On or about November 4, 1997, the Unlicensed Contractor o install an air conditioning “contracted with John Jefferson unit at 1530 NE 15 Street, Okeechobee, Florida, for Six Thousand, three Hundred dollars ($6,300.00). . . 34. In of “arotind November 1997, the Contractor installed the air conditioning unit at 1530 NE 15 Street, Okeechobee, DECOR EP RRR rs Rp soe amma es Ww 7) Florida. 35. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT IX 36. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty and thirty three through thirty four as though fully set forth in this Count IX. 37. On or about December 16, 1997, the Contractor obtained the permit for the project at 1530 NE 15 Street, Okeechobee, Florida. 38. The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. 39. Based on the foregoing, the Respondent violated Section 489.129(1 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 X 40. Petitioner realleges and incorporates the allegations a a ww ‘UO set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four and thirty seven through thirty eight as though Fully set forth in this Count X. 41. On or about September 24, 1997, the Unlicensed Contractor contracted with Chanetta Mitchell to install an air conditioning unit at 14772 SW 175 Court, Indiantown, Florida, for Six Thousand, One Hundred dollars ($6,100.00). 42. In or around November 1997, the Contractor installed the air conditioning unit at 14772 SW 175 Court, Indiantown, Florida. 43. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which . assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the (person or entity was uncertified and unregistered. Cot XE 4a. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through ‘thirty eight and forty one through forty two as ~ contracted | ‘Thousand, v ou though fully set forth in this Count XI. 45. On or about September 29, 1997, the Contractor obtained the permit for the project at 14772 SW 175 Court, Indiantown, Florida. 46. The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. 47, Based on the foregoing, the Respondent 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 XII 48. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two and forty five through forty six as though fully set forth in this Count XII. a 49. On or about November 3, 1997, the Unlicensed Contractor >mson Hollo ay ie stall an air conditioning ee ee ee a ; unit at 14920 SW 169 Drive, Indiantown, Florida, for Eight “Three Hundred dollars ($8,300.00). 50. In or around November 1997, the Contractor installed the air conditioning unit at 14920 SW 169 Drive, Indiantown, | 10 U . ; VU Florida. 51. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XIII 52. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six and forty nine through fifty as though fully set forth in this Count XIII. . 53. In or around November 1997, the Unlicensed Contractor contracted with Ivory Hamilton to install an air conditioning unit at 14938 SW 171 Avenue, Indiantown, Florida, for Seven Thousand, Three Hundred dollars ($7,300.00). 54. In or around November 1997, the Contractor installed f ‘the air conditioning unit at 14938 sW 171 Avenue, Indiantown, Florida. 55. The Contractor failed to obtain the required permit for the air conditioning installation at 14938 SW 171 Avenue, 11 eens cer eggs nem ad W Indiantown, Florida. 56. Based on the foregoing, the Respondent violated Section 489.129(1) \(e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XIV 57. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty and fifty three through fifty five as though fully set forth in this Count XIV. 58. Based on the foregoing, the Respondent violated Section 489.129(1) (p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT XV 59. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through ‘thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty 12 ad U seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty and fifty three through fifty five as though fully set forth in this Count xv 60. On or about September 23, 1997, the Unlicensed Contractor contracted with Mary Fuse to install an air conditioning unit at 14745 SW 174 Court, Indiantown, Florida, for Six Thousand, One Hundred dollars ($6,100.00). 61. In or around September 1997, the Contractor installed the air conditioning unit at 14745 SW 174 Court, Indiantown, Florida. 62. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XVI 63. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, fighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty “seven. ‘through thirty eight, forty one through forty two, forty : five through forty six, forty nine through fitty, ‘fifty three . through fifty, five and sixty through sixty one as “though fully 13 ~~) ye set forth in this Count V7. 64. On or about November 4, 1997, the Unlicensed Contractor contracted with Robert Allen to install an air conditioning unit at 14792 sW 175 Court, Indiantown, Florida, for Nine Thousand, — Three Hundred Gollars ($9,300.00). 65. In or around November 1997, the Contractor installed the air conditioning unit at 14792 SW 175 Court, Indiantown, Florida. 66. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a Person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person “or entity was uncertified and unregistered. = — COUNT XVII ; 67. Petitioner’ realleges” and “Enconporatés the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven | through thirty eight, forty one through forty two, forty forty six, forty nine through ‘fifty, fifty three through fifty five, sixty through sixty one and sixty four ‘through sixty five as though fully set forth in nis ‘count XVII. . 68. on or “about September 27, 1997, the Unlicensed 14_ W . YY Contractor contracted with Annie Palmer to install an air conditioning unit at 14927 SW 171 Avenue, Indiantown, Florida, for Five Thousand, Seven Hundred dollars ($5,700.00). 69, In or around September 1997, the contractor installed the air conditioning unit at 14927 SW 171 Avenue, Indiantown, Florida. . 70. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which © assists a person or entity in engaging in the prohibited uncértified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XVIII - Jl. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three © through fifty five, sixty through sixty one, sixty four through sixty five and sixty eight through sixty nine as though fully set forth in this Count XVII. . 72, on or about October 10, 1997, the Contractor obtained a permit for the air “conditioning unit installation at 14927 ‘sw 71 15 a” Three Hundre ed — W " Avenue, Indiantown, Florida. 73. The foregoing constitutes a violation of Section. 489.127(4) (c), Florida Statutes. 74. Based on the foregoing, the Respondent 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 XIX 75. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty -. five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine and seventy two through seventy three as though fully set forth in this Count XIX. 76. On or about October 8, 1997, the Unl conditioning unit contracted wi Mercy er yt ia -at 14930 sW.173 Drive, Indiantown, Florida, for Six Thousand, ($6,300.00). an “171, In or around October 1997, the Contractor installed the air conditioning unit at 14930 SW 173 Drive, Indiantown, Florida. 16 Bo 78. Based on the fotegoing, the Respondent violated Section 489.129(1) {e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XX 79, Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through ‘fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three and seventy five through seventy six as though fully ‘set-forth in this Count XX. 80. On or about October 15, 1997, the Contractor obtained a permit for the air condi tioning Shit installation at 14930 SW 173 Drive, Indiantown, Florida. . Bote oF 81. The foregoing constitutes a violation of.Section 489. 127( 4) (c), Florida Statutes. 62. Based on the foregoing, “the Respondent violated Section 489, 129(1) (j), Florida Statutes (1997), by failing in any material 17 v w) respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT XXI 83. petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six and eight through eight one as though fully set forth in this Count XXI. 84. on or about October 4, 1997, the Unlicensed Contractor contracted with Martha Portee to install an air conditioning unit at 14944 SW Seminole Drive, Indiantown, Florida, for Seven Thousand, Three Hundred dollars ($7,300.00). 85. In oY Ar6tind October 1997, the Contractor installed the air conditioning unit at 14944 SW Seminole Drive, Indiantown, Florida. . f BS. _Based on the foregoing, the Respondent violated Section Bens . 4 489. 429(1) (e), Florida Statutes (1997), by performing any act which assists a_ person or entity in engaging in the prohibited uncertified and “unregistered practice. of “contracting, if the 18 ce Hie a Be inn la RB a i v= Bibi Milne, certificateholder or registrant knows or has reasonable grounds to _know that the person or entity was uncertified and unregistered. COUNT XXII 87. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one and eight four through eighty five as though fully set forth in this Count XXII. 88. On or about October 15, 1997, the Contractor obtained the permit for the air conditioner installation at 14944 sw Seminole Drive, Indiantown, Florida. 89. The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. 90. Based on the foregoing, the Respondent violated “Section 489. 129(1) (3 yy Florida ‘Statutes (1997), py failing in any material respect to comply with the provisions of this part or - violating a rule or lawful order of ‘the Soara COUNT XXIII : is S) wo) | 91. Petitioner realleges and incorporates the allegations | set forth in paragraphs one through four, six through seven, ten | through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through ' ' ' ; sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five and eighty eight through eighty nine as though fully set forth in this Count XXIII. 92. On or about October 9, 1997, the Unlicensed Contractor contracted with Josie Portee to install an air conditioning unit at 14767 SW 173 Avenue, Indiantown, Florida, for Seven Thousand, Three Hundred dollars ($7,300.00). 93. In or around October 1997, the Contractor installed the air conditioning unit at 14767 SW 173 Avenue, Indiantown, Florida. “94. Based don the foregoing, “the Respondent violated Section ~489.129(1) (e), Flozia Statutes (1997), by performing any act which ‘assists a person or entity in “engaging: in the “prohibited uncertified and unregistered practice of contracting, if the certificateholder ‘or. registrant ‘knows or “has reasonable grounds to 20 \/ . be know that the person or entity was uncertified and unregistered. COUNT XXIV 95. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine and ninety two through ninety three as though fully set forth in this Count XXIV. 96. On or about October 31, 1997, the Contractor obtained the permit for the air conditioner installation at 14767 SW 173 Avenue, Indiantown, Florida. 97. The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. a (98. Based on the foregoing, the Respondent 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. 21 489 129(1 WU ww COUNT XXV 99, Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through ‘seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three and ninety six through ninety seven as though fully set forth in this Count XXV. 100. On or about October 2, 1997, the Unlicensed Contractor contracted with Ida Ruth to install an air conditioning unit at 14833 SW 169 Avenue, Indiantown, Florida, for Six Thousand, One Hundred dollars ($6,100.00). 101. In or around October 1997, the Contractor installed the air conditioning unit at 14833 ‘s 169 ‘Avenue, Indiantown, Florida. re 102. Based on the foregoing, the Respondent violated Section “engaging in the ‘prohibited assists a “per on” or Aontiey uncertified and unregistered practice of contracting, if the 22 bd U certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XXVI 103. Petitioner realleges and incorporates the allegations set forth-in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three ‘through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven and one hundred through one hundred and one as though fully set forth in this Count XXVI. 104. On or about October 10, 1997, the Contractor obtained the permit for the air conditioner installation at 14833 SW 169 Drive, Indiantown, Florida. 105. The foregoing constitutes a violation of Section “499.127(4) (ce), Florida Statutes. | 106. Based on the foregoing, the Respondent 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 23 W . UW rule or lawful order of the board. COUNT XXVII 107. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty. one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one and one hundred four through one hundred and five as though fully set forth in this Count XXVII. 108. On or about October 26, 1997, the Unlicensed Contractor contracted with Kayla Sapp to install an air conditioning unit at ‘B01 Central Avenue, stuart, Florida, “for” Six thousand, Eight Hundred dollars (6 800.00). 109, In or ‘around October 1997, the Contractor installed the air conditioning unit at 801 central Avenue, stuart, Florida. 110. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which 24 Si ae ~ a Ww assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. count XXVIII 111. Petitioner. realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five and one hundred and eight through one hundred and nine as though fully set forth in this Count XXVEII. _ On or abo t November 6, 1997, the Contractor obtained the permit for the air conditioner installation at 801 Central Avenue, Stuart, Florida. 113. The foregoing constitutes a violation of Section 25 ad UY 489.127 (4) (c), Florida Statutes. oe — 114. Based on the foregoing, the Respondent ‘violated Section 489, 129(1) (3) 4 Florida Statutes (2997), 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 XXIX iis. Petitioner ‘realleges and incorporates ‘the allegations ~ “set forth in paragraphs one through four, six through seven, ten ‘through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty Four, thirty “seven through thirty eight, forty one ‘through forty two, forty five through forty six, forty nine through: fifty, fifty three through fifty five, sixty through sixty ‘one, sixty four through sixty five, sixty eight through “sixty nine, seventy two through .-seventy three, seventy five through seventy six, eight through “eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through: ninety seven, one hundred through one hundred and. one, one hundred four through one hundred and five, one hundred and eight through, one hundred and nine cand one hundred twelve through one hundred ‘thirteen as though fully set forth in this Count XXIX. 116. On or about October 24, 1997, the Unlicensed Contractor contracted with Lynell Allen to install an air conditioning unit at. 479 NE 13 Avenue, Okeechobee, Florida, for Seven Thousand, 26 = lis ll a Rl i oe Ht dt na at a os ca le a NR WW . wy) three Hundred dollars ($7,300.00). 117. In or around October 1997, the Contractor installed the air conditioning unit at 479 NE 13 Avenue, Okeechobee, Florida. 118. The Contractor failed to obtain the required permit for the air conditioning unit installation at 479 NE 13 Avenue . 119. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT Xxx 120. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty site Fore nine through’ fifty, fifty three . through fifty five, sixty ‘through sixty one, sixty four through sixty, five, sixty eight through sixty nine, “seventy two through of ee seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, ‘eighty eight ‘through eighty nine, ninety two through ninety three, ninety six through ninety “seven, 0 e undred through « ‘one hundred “and” ‘one, “one . gue _ Y Nd hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen and one hundred sixteen through one hundred eighteen as though fully set forth in this Count XXX. 121. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and. inspections. COUNT XXXI 122. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one “hundred thirtéen and one hundred sixteen through one hundred 28 sd . 7) eighteen as though fully set forth in this Count XXXI. 123. On or about October 22, 1997, the Unlicensed Contractor contracted with Sherman Bryant to install an air conditioning unit at 1590 NE 15 Street, Okeechobee, Florida, for Eight Thousand, Nine Hundred dollars ($8,900.00). 124. In or around October 1997, the Contractor installed the air conditioning unit at 1590 NE 15 Street, Okeechobee, Florida. 125. The Contractor failed to obtain the required permit for the air conditioning unit installation at 1590 NE 15 Street. 126. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT OTT 127. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through | nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty f seven through thirty eight, Forty one through forty two, forty “five through: forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty ‘one; sixty four through sixty five, sixty eight through sixty nine, seventy two through 29 w) ne) seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen, one hundred sixteen through one hundred eighteen and one hundred twenty three through one hundred twenty five as though fully set forth in this Count XXXII. 128. Based on the foregoing, the Respondent violated Section 489.129(1) (p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspections. . COUNT XXXIII 129. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty . five through forty six, forty nine through fifty, fifty three: f through fifty five, sixty through sixty one, sixty four through ‘sixty five, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through 30 U gy eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, | one hundred and eight through one hundred and nine, one hundred twelve through one “hundred thirteen, one “hundred ‘sixteen through one hundred eighteen and one hundred twenty three through one hundred twenty five as though fully set forth in this Count XXXIII. 130. On or about November 4, 1997, the Unlicensed Contractor contracted with Barbara Jones to install an air conditioning unit at 1661 NE 15 Street, Okeechobee, Florida, for Seven Thousand, Five Hundred dollars ($7,500.00). . 131. In or around November 1997, the Contractor installed the air conditioning unit at 1661 NE 15 Street, Okeechobee, Florida. 132. The Contractor failed to obtain the required permit for the air conditioning unit installation at 1590 NE 15 Street. "133. Based on the foregoing, the Respondent violated Section _ 489.129(1) le), Florida Statutes (1997), by performing any act which assists a person or entity in engaging “in the prohibited uncertified and unregistered practice of contracting, if the gcertiticateholder - or registrant knows or has reasonable grounds to "know that ‘the person or entity was uncertified and unregistered. -134. Petitioner realleges and incorporates the allegations 31 eee ape “inspections. set forth in paragraphs one through four, six through seven, ten through thirteen, eighteéh through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen, one hundred sixteen through one hundred eighteen, one hundred twenty three through one hundred twenty five and one hundred thirty through one hundred thirty two as though fully set forth in this Count XXXIV. 135. Based on the foregoing, the Respondent violated Section 489. 129(1) (Ply Florida Statutes (1997), by proceeding on cany job without obtaining & applicable local ‘building department permits and wet COUNT XXXV 136. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten 32 Vv through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy. two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen, one hundred sixteen through one hundred ‘eighteen, one hundred twenty three through one hundred twenty five and one hundred thirty through one hundred thirty two as though fully set forth in this Count XXXV. 137. On or about November ° 1997, the Unlicensed Contractor contracted with Mark Donahue to install an air - conditioning unit sat 5330, Helene Place, West Palm Beach, ‘Plorida, for Seven “Thousand, Three ‘Hundred dollars ($7, 300.00). . 138. in or around November 1997, _ the Contractor installed .the air conditioning unit at 5330 Helene Place, West Palm Beach, boca CE URNS eee - Poe gl . 139, The Contractor failed to obtain the required permit for the air conditioning unit installation at 1590 NE 15 Street. . 33 a ww . Ld 140. Based on the foregoing, the Respondent violated Section 489. 129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds ‘to know that the person or entity was uncertified and unregistered. COUNT XXXVI 141. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three “through fifty tive, sixty through sixty one, sixty four through sixty five, sixty eight ‘through sixty nine, “seventy two through seventy three, seventy “tive ‘through seventy six, “eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety Ewo through ninety three, ninety six through ninety seven, “one hundred ‘through one hundred and one, one “hundred | four ; ne “hundr d and five, one “hundred and eight through: one hundred and nine, one hundred twelve _ through one hundred ‘thirteen, one “hundred sixteen . through one hundred eighteen, one hundred twenty three through one hundred twenty five and one hundred thirty through one hundred thirty two as ~ though fully set forth in this Count XXXVI. 142. Based on the foregoing, the Respondent violated Section 489.129(1) (p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspections. . COUNT XXXVII 143. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one ‘through forty two, forty five through forty six, forty nine “through fifty, fifty three through fifty five; sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through « one hundred and one, one hundred four. through one hundred and ‘five, one hundred and 1 eight ‘ed and nine, one hundred ‘twelve ‘through, one nay through one huni hundred thirteen, one hundred sixteen through | one hundred _ eighteen, one hundred twenty three through one hundred twenty five and one hundred thirty through one hundred thirty two as though fully et “forth: in ‘this. Count XXXVI. 35 CRT I HERRON RRR ed Co i] 144. On or about November 5, 1997, the Unlicensed Contractor contracted with Gwen Conyers to install an air conditioning unit at 52700 Helene Place, West Palm Beach, Florida, for Seven Thousand, Three Hundred dollars ($7,300.00). yas: tn of around November 1997, the Coateaetor installed the air conditioning unit at 5270 Helene Place, West Palm Beach, Florida. 146. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the ‘prohibited uncertified and unregistered practice of contracting, if the -certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT XXXVIII 147. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty ‘seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three | CRUE AT Ragin ueten ape ena nn Sa aces 7 ~~ through fifty five, sixty through sixty one, sixty four through “sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eae sp SORT eR RE RI RE Oca Sr ae CR ad a. » eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen, one hundred sixteen through one hundred eighteen, one hundred twenty three through one hundred twenty five, one hundred thirty through one hundred thirty two and one hundred forty four through one hundred forty five as though fully set forth in this Count XXXVIII. 148. On or about November 26, 1997, the Contractor obtained the permit for the Clemson Holloway } project at 14920 SW 169 Drive, Indiantown, ‘Florida. 149, The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. 150. Based on the foregoing, the Respondent violated section 489.129(1) (3), Florida Statutes (1997), Py failing in any material respect to comply with the ‘provisions of this part or violating a rule or lawful order of _the board. 151. Petitioner realleges and incorporates the allegations : : ; : Set forth ‘in patagrephs one through four, six through seven, ten through thirteen, Ly “eighteen through nineteen, twenty ‘two, twenty “nine: through thirty, thirty ‘three ‘through thirty “four, thirty ty eight, forty ‘one > through forty two, forty 37 "4g9.129(1) (4); ed \wd five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one; sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen, one hundred sixteen through one hundred eighteen, one hundred twenty three through one hundred twenty five, one hundred thirty through one hundred thirty two, one hundred forty four through one hundred forty five and one hundred forty eight through one hundred forty nine as though fully set forth in this Count XXXIX. 152. On or about September 29, 1997, the Contractor obtained the permit for the Mary Fuse project at 14745 SW 174 Court, Indiantown, Florida. 153. The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. ee ~ 154, Based on the foregoing, the Respondent violated Section respect to comply with the provisions of this part or violating a rule or lawful order of the board, 38 Florida Statutes (1997), by failing in any material ere peer WU VA COUNT XXXX 155. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through seven, ten through thirteen, eighteen through nineteen, twenty two, twenty nine through thirty, thirty three through thirty four, thirty seven through thirty eight, forty one through forty two, forty five through forty six, forty nine through fifty, fifty three through fifty five, sixty through sixty one, sixty four through sixty five, sixty eight through sixty nine, seventy two through seventy three, seventy five through seventy six, eight through eight one, eight four through eighty five, eighty eight through eighty nine, ninety two through ninety three, ninety six through “ninety seven, one hundred through one hundred and one, one hundred four through one hundred and five, one hundred and eight through one hundred and nine, one hundred twelve through one hundred thirteen, one hundred sixteen through one hundred eighteen, one hundred twenty three through one hundred twenty five, one hundred thirty Through one hundred thirty two, one one hundred hundred forty our through. °° ye hund! orty £ forty eight Through one hundred forty nine and one hundred fifty two ‘through one hundred fifty three as though fully set forth in this Count XXX. “156. ; 2, 1997, the Contractor obtained the permit for the ‘Robert Allen project aero: sw 175 cae ed) ] Court, Indiantown. 157. The foregoing constitutes a violation of Section 489.127(4) (c), Florida Statutes. 158. Based on the foregoing, the Respondent 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. 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, Statutes, 40 peepee ci meee Seem resem pe = Sait Ron re a \/ Wd and/or the rules promulgated thereunder. Signed this /6 COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL. 33128 (305) 377-7115 DSP/ms RRAC 9/20/99 Case #97-21519 day of CATHLEEN E. 0’ DOWD, LEAD ATTORNEY Cahhe £ Oroud Fe br cary , 07685 Per: L/W} Cowart ys har sow FILED Department of Business and Professional Regulation DEPUTY CLERK DATE 2-22-2000 41 mete pene rrr oe

Docket for Case No: 00-002757PL