STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 99-00406 . 00-30 <6 EDWARD B. ROBINSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EDWARD B. ROBINSON, ("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 Residential Contractor, in the State of Florida, having been issued license number CRCO015130. 3. Respondent's last known address is 6530 South Atlantic Boulevard, New Smyma 1 Beach, Florida. 4, At all times material hereto, the Respondent was licensed to practice contracting in his individual name. 5. At no time material hereto was the Respondent licensed to practice contracting as Interstate Building and Design, Inc. . 6. On or around September 1996, Respondent, doing business as Interstate Building and Design, Inc., contracted with David F. Meriwether to repair an existing deck and construct an expansion on property located at 7041 Atlantic Avenue, New Smyrna Beach. 7. The contract price, including a change order, was $16,118.00. 8. , The contract between Respondent and Meriwether included construction of additional structures to the Meriwether property. 9. Respondent only had authorization from the Department of Environmental Protection to replace and repair existing structures. 10. Respondent misrepresented the scope of the project at the Meriwether property to the Department of Environmental Protection, hereinafter known as “D.E.P.”, 11. Misrepresentation as to the nature of the contracting work on the Meriwether property also resulted in a Stop Work Order by the Volusia County Building Department, issued on January 2, 1997. 12, As aresult of Respondent’s construction, Meriwether was issued a warning letter by the D.E.P. 13. Respondent continually told Meriwether that more paperwork was required to continue the project, despite a letter to Respondent from the D.E.P. which stated that the scope of 2 UW ww) the permit could not be changed to accommodate new structures on the property. 14, On or around May 30, 1997, the D.E.P. told Respondent that he must have the additional structures on the Meriwether property removed within thirty days. 15. Respondent ignored the D.E.P. and failed to remove the structures or inform Meriwether of the mandate, 16. On or around August 26, 1997, the State of Florida D.E.P. issued a Final Order in OGC Case Number 97-1255 against Meriwether, finding violations of environmental regulations, 17. On or around March 13, 1998, Meriwether entered into a Consent Order with the D.E.P. to remove the offending structures and pay a $2,000.00 administrative fine. 18. | Meriwether hired Kral] Construction to remove the offending structures for $3,214.45, . COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count I. 20. Based on the foregoing, the Respondent violated Section 489.129(1)(g), Florida Statutes (1997), by acting in the capacity of a contractor under any certificate or registration ‘issued hereunder 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 II 21, Petitioner realleges and incorporates the allegations sét forth in paragraphs one through eighteen as though fully set forth in this Count II. 22. Section 489.126(2)(a), Florida Statutes (1997), requires that a contractor apply for permits as necessary to do the work within thirty (30) days after the payment is made, except where the work does not require a permit under the applicable codes and ordinances. 23. Based on the foregoing, Respondent 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. _ COUNT II 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count III. | 25, 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 Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 26. 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 IV 27. __ Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count IV. 4 Y WY 28. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (1997), by committing incompetency or misconduct in the practice of contracting. COUNT V 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count V. 30. Section 455.227(1)(a), F lorida Statutes, provides, in part, that disciplinary action can be taken when misleading, deceptive, or fraudulent representations in or related to the _ practice of the licensee’s profession. . 31. Based on the foregoing, the Respondent violated Section 489.129 (1)(c), Florida ; Statutes (1997), by violating any provision of Chapter 455. 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, Florida Statutes, and/or the rules promulgated thereunder. Signed this 7/_—_dayof__—s var , 2000. FILED Department of Business and Professional Regulation Zo # Doud DEPUTY CLERK CATHLEEN E. O'DOWD cure rand Michele LEAD CONSTRUCTION ATTORNEY “12. (PCP) Marah 22, 2000 pate -18-A000 > Divisionz: Gene Simmons} Rul MCKidrios YY 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 LBW/dd Case # 99-00406

Docket for Case No: 00-003056PL