STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OO- a 743 Petitioner, Case No. 98-21375 vs. TRELL A. ADAMS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against TRELL A. ADAMS, ("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 C036810. >) = le ‘ : 3. Respondent 's last known address is 560 NE 46 Street, Apt. #2, Boca Raton, FL. 33431. 4. At all times material hereto, Respondent was the licensed qualifier for L.T. Associates, 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. On or about April 20, 1998, the Contractor contracted with Steve Karp (hereinafter referred to as “Customer”} to install an air conditioning system 2524 East Sunrise Blvd., Fort Lauderdale, Florida, for Five Thousand, Three Hundred dollars ($5,300.00). 7. 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 fictitious name, if any.” 8. At no time material hereto did the Contractor possess a ag qualified business certificate of authority. 9, Based on the foregoing, the Respondent 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 II 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through eight as though fully set forth in this Count Il. 11. The Customer paid the Contractor a Two Thousand, Six Hundred Fifty dollar ($2,650.00) deposit toward the aforesaid contract. 12. The Contractor failed to commence work on the Customer’s project. 13. The Contractor abandoned the Customer’s project without just cause or notice. 14. Based on the foregoing, the Respondent violated Section 489.129(1) (k), Florida Statutes (1997), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. Te wh COUNT III 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through eight and eleven through thirteen as though fully set forth in this Count III. 16. The Contractor abandoned the Customer’s project when the percentage of completion was less than the percentage of the contract price paid. 17. Based on the foregoing, the Respondent violated Section 489.129(1) (h) (2), Florida Statutes (1997), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. 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 ° @ - UW VU 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 V3 day of Usp berm Aw, , 1999. i CATHLEEN E. O' DOWD, ' LEAD ATTORNEY Lahr K O’Sowd FILED COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation DEPUTY CLERK Diane Snell Perera Senior Attorney fA, t y WM licked Department of Business and CLERK . / Professional Regulation DATE O- 3-99 401 NW 2 Avenue #N607 Miami, FL. 33128 (305) 377-7115 Le 7730/33. DOr, A)ZU2)AQ . DSP/ms Coward © hawion

Docket for Case No: 00-002943PL