) YU , WW oe STATE OF FLORIDA & Ew DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATESE),, <@ “2 CONSTRUCTION INDUSTRY LICENSING BOARD C DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . Case No. 98-11506 vs. “ L KEVIN T. MC KEE, 6) -3°% Respondent / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint — before the Construction Industry Licensing Board, against KEVIN T. MC KEE, ("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 General Contractor, in the State of Florida, having been issued license number CG C038299. 3. Respondent's last known address is 2642 N.E. 7° Street, Pompano Beach, Florida 33062, and address of record is 2811 NE 39°° Street, Lighthouse Point, Florida 33064. 4. At all material times hereto, Respondent’s certificate of licensure issued by the Florida Construction Industry WW Ne] Licensing Board (hereinafter CILB) qualified Respondent only to do business as an individual. 5. On or about June 1, 1996, Respondent, doing business as TODOR CUSTOM BUILDERS (hereinafter TODOR) contracted with HELEN MICHAELS (hereinafter MICHAELS) to remodel a condominium located at 4900 N. Ocean Boulevard, Fort Lauderdale, Florida. 6. At no time material hereto, did the contractual agreement include Respondent’s license number. 7. At no time material hereto, did Respondent qualify Todor Custom Builders nor did that name appear on Respondent's license. 8. At no time material hereto, did the contractual agreement include a notice of consumer rights under the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 9. Chapter 489.119(5) (b), Florida Statutes (1995), provides that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract or advertisement, regardless of the medium, as defined by board rule, used by that contractor in the practice of contracting. 10. Chapter 489.1425 (1), Florida Statutes (1995), provides that no later than the date a residential property owner makes the initial payment on a contract for repair, restoration, ) VY YW improvement, or construction to residential real property, and at the time final payment is made on the contract, the contractor shall inform the residential property owner clearly and conspicuously in writing how and where to file a claim and an explanation of the consumer’s rights under the Construction Industries Recovery Fund. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 12. Based on the foregoing, Respondent violated Chapter 489.129(1)(g), Florida Statutes (1995), by acting in the capacity of a contractor under any certificate or registration issued under Chapter 489, Florida Statutes, except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT IE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count Il. 14. Based on the foregoing, Respondent violated Chapter ) Ww VW 489.129(1)(j), Florida Statutes (1995) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.119(5) (b) in failing to include his certification number on the aforesaid contract. COUNT IIL 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count III. 16. Based on the foregoing, Respondent violated Chapter 489.129(1) (3), Florida statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.1425 (1), Florida Statutes (1995) in failing to inform, as required, of the Construction Industries Recovery Fund. 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 \ WY Chapters 489, 455, Florida thereunder. - Signed this 4) COUNSEL FOR DEPARTMENT: Michael D. Soifer Senior Attorney Department of Business and Professional Regulation Rhode Bldg., Phase II 401 Nw 2°? Street, N607 Miami, Florida 33128-1765 MDS December 7, 1999 Case #98-11506 WwW Statutes, and/or the rules promulgated day of _ 7ePavay , 2000. Lakps £ 2 \ond Cathleen E. 0’ Dowd Lead Construction Attorney (PP). Febuary 33, 2000 Bivision =: Gene Simons You MEKitriaK, FILED Department of Business and Professional Regulation DEPUTY CLERK cera Prandtl Michele DATE _3-A-2000_

Docket for Case No: 00-003045PL