Vy i C FILED QOWUL 18 AMII: 01 DIVISION CF ADMINISTRA ; STATE OF FLORIDA HEARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, y | Petitioner, O 0 - A , # . | VS. Case No. 99-00826 ) | CHARLES EDWARD ANSMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the ‘Construction Industry Licensing Board, against CHARLES EDWARD ANSMAN, ("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 Registered Air Conditioning Contractor, in the City of Gainesville, having been issued license number RA0066465. 3. Respondent's last known address is 7720 SW 19" Place, Gainesville, Florida Oo a U 1) 32607. 4, Atall times material hereto, the Respondent was licensed to practice contracting as Quality Air Company. 5. At no time material hereto did the Respondent obtain a certificate of authority for Quality Air Company as required by Section 489.119, Florida Statutes. 6. On or around November 9, 1997, Respondent entered into a contract with Mr. and Mrs. James Wayne to replace an air conditioner in their home located at 7708 SW 19™ Place, Gainesville, Florida. 7. The contract price was $4,675.00. _ 8. Respondent was paid in full by the Waynes and replaced the air conditioning . unit. 9. Invoices and other correspondence from Respondent did not include a statement notifying the Waynes of the Construction Industry Recovery Fund as required by Section - 489.1425, Florida Statutes. 10. Respondent failed to obtain the required permit for the Wayne project. 11. Inor around Spring 1998, upon using the air conditioner, the Waynes noticed dripping water and condensation coming from the air conditioning unit, damaging vents and ceilings as well as personal effects. 12. Wallpaper peeled off the walls, the walls were wet to the touch, pictures mildewed, the mattresses began to smell of mold and the walls and registers mildewed. 13. Aconservation analyst at Gainesville Regional Utilities reviewed Respondent’s , replacement of the air conditioner and concluded that the unit installed by the Respondent was too large and that a smaller unit would alleviate the condensation problem. UY ce 1) 14. | The Waynes contacted the Respondent numerous times after the Spring of 1998 to try to have the problem fixed, but to no avail. 15. | The Waynes were forced to replace the air conditioning unit at a cost of $2531.71. | COUNT | 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 17. Section 489.119(2), Florida Statutes, requires that if an applicant proposes to engage in contracting 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. 18. Based on the foregoing, the Respondent violated Section 489.129 (1)(), Florida Statutes, 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 I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count II. 20. Section 489.1425, Florida Statutes (1997), requires that any agreement or contract for repair, restoration, improvement or construction for residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries 3 CC ‘a WU re Ww Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 21. Based on the foregoing, 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 III 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count HI. 23. Based on the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (1997), by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. . COUNT IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count III. 25. 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. 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 4 on if LU — { Y 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 COUNSEL FOR DEPARTMENT: Laurie B. Woodham Assistant General Counsel Fla. Bar No.: 0049549 Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 CEO/LBW Case # 99-00826 V9 dayof 2 Arway , 2000. CahrA ED \ond CATHLEEN E. O'DOWD LEAD CONSTRUCTION ATTORNEY ae February 23, A000 Vision IT : Suan Stohes/ Keith LoxwSon, FILED Department of Business and Professional Regulation DEPUTY CLERK cueretardnt Michele pare_ k= AG- ADO

Docket for Case No: 00-002948PL