U &. ‘ Sey 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. 99-07465 KENNETH L. WAY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KENNETH L. WAY, ("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 Building Contractor in the State of Florida, having been issued license number CB C057829.” 3. Respondent's last known address is 8314 Wilde Lake Road, Pensacola, Florida 32526. 4, At all times material hereto, Respondent was the licensed qualifier for Kennethl L. Way Company ("KLWC "). 5. Section 489,1195(1)(a), Florida Statutes, provides that all primary qualifying V U agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. The Respondent failed to obtain a certificate of authority for KLWC. 7. The Respondent is the father-in-law of Lee Mabire. 8. On or about December 11, 1998, Mabire, not licensed by the FCILB, entered into an oral contract with Don Gaetz to do remodeling at 4400 Bayou Blvd. #9, Pensacola, Florida. 9. Between November 25, 1998, and January 1, 1999, Don Gaetz issued four checks totalling $20,500.00 to Mabire. The four checks were issued to "Lee Mabire and Associates," "House Plans Unlimited," and "Lee Mabire and Co." 10. On or about December 11, 1998, the City of Pensacola issued a Building Permit © number 98-0800% by and through the Respondent's licensure to perform remodeling work at 4400 Bayou Blvd. #9, Pensacola, Florida. 11. On the aforementioned permit, the Respondent was listed as the contractor while Mabire was listed as the designer. 12. On or about December 15, 1998 a Notice of Commencement, for work at 4400 Bayou Bivd. #9, signed by Don Gaetz listed the Respondent as the contractor. 13. An application for plan review to the City of Pensacola was signed by the Respondent and listed Lee Mabire, as Omni South Construction, as the designer. 14. Onor about May 7, 1999, a Certificate of Occupancy was issued by the City of Pensacola for the property located at 4400 Bayou Blvd #9. The Respondent was listed as the contractor. U UO 15, At no time material hereto did the Respondent supervise or take part in the remodeling of the aforementioned location. 16. The Respondent knew or had reasonable grounds to know that Mabire was uncertified. . COUNT I 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Six as though fully set forth herein. 18. 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. 19. Based on the foregoing, the Respondent violated Section 489.129(1)(j), 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 II 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 21. Based on the foregoing, the Respondent violated 489.129(1)(e), Florida Statues, 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. 3 COUNT III 22, Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 23. According to Section 455.227(1)(a), Florida Statutes, disciplinary actions may be taken for making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession in the practice of contracting, to wit: the Respondent misrepresented himself on the permit application by naming himself as the contractor despite having no contra¢t with Don Gaetz. 24. - Based on the foregoing, the Respondent violated 489.129(1)(c), Florida Statutes, by violating any provision of chapter 455, COUNT IV 25. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 26. Section 489.127(4)(a), Florida Statutes, provides that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not enter into an agreement, oral or written, whereby his or her certification number or registration number is used, or to be used, by a person who is not certified or registered as provided for in this chapter, or used, or to be used, by a business organization that is not duly qualified as provided for in this chapter to engage in the business, or act in the capacity, of a contractor. 27. Based on the foregoing, the Respondent violated Section 489.129(1)(@), Florida 4 VY U 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 V 28. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 29. Section 489.127(4)(b), Florida Statutes, provides that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor. 30. Based on the foregoing, the Respondent violated Section 489.129(1)(j), 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. 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. 5 Signed this COUNSEL FOR DEPARTMENT: Matthew S. Casey Senior Attorney Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 MSC/jkm Case # 99-07465 aon day of ars) , 2000. La AAR K OVand By: Cathleen E. O’Dowd Lead Construction Attorney (0) April Blo, Bod Division L: Lene Simmons + Yhul NKib, FILED Department of Business and Professional Regulation DEPUTY CLERK creme uardnt Michele pare_5 -~AY-AOOO |

Docket for Case No: 00-003058PL