STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Nos. 98-02475 & 98-17325 EDWARD BRENTON ROBINSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EDWARD BRENTON 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 CRCO15130. 3. Respondent's last known address is 6530 S. Atlantic Avenue, New Smyrna Beach, Florida. costmrnes ete g, Y VU 4, At all times material hereto, the Respondent was licensed to practice contracting in his individual name. 5. At no time material hereto was Respondent licensed to practice contracting as Interstate Construction & Design. Facts Pertaining to Case Number 98-02475 6. On or around November 20, 1997, Respondent contracted with Patricia Speer to repair and remodel her home located at 921 N. Atlantic Avenue, New Smyrna Beach, Florida. 7. The contract price was $21,446.00. 8. The contract did not contain notification of the Construction Industries Recovery, Fund as required by Section 489.1425, Florida Statutes. 9. On or around November 6, 1997, Respondent obtained a New Smyrna Beach Building Department permit number 28530 for demolition on the Speer property. 10. | Onor around November 10, 1997, Respondent filed a Demolition Notification with the New Smyrna Beach Utilities Commission for the Speer project. 11. Respondent obtained the demolition permit and filed the demolition notification without signing a contract with Speer, in violation of Section 489.127(4)(c), Florida Statutes. 12. On or around January 29, 1998, New Smyrna Beach Building Inspector Richard McFadden observed Respondent contracting beyond demolition on the Speer property without a permit. 13. On or around March 4, 1998, Respondent obtained New Smyrna Beach Building Department permit number 29310 for his work on the Speer property. © 14. Respondent failed to obtain local building department permits on the Speer project before beginning the job. 15. The Speer property is located east of the coastal construction control line and as such requires special permitting by the Department of Environmental Protection, hereinafter referred to as “DEP”. 16. Respondent, doing business as Interstate Construction & Design, obtained a limited permitting exemption from the DEP. 17, During a routine inspection, Inspector McFadden discovered that Respondent was working beyond the scope of the DEP exemption and was doing work which required a DEP permit. 18. Almost six months after commencing the project, Respondent obtained DEP permit number VVO 98-01 P on or around April 24, 1998 for work on the Speer project. 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 ak as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT I 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set ‘forth in this Count IL. 22. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to 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. LJ 23. Based upon the foregoing, the Respondent violated Section 489.129(1)q), Florid| Statutes by failing in any material respect to comply with the provisions of this part or Violating a tule or lawful order of the board. COUNT Ht 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count TIT. 24. Section 489.127(4)(c), Florida Statutes, provides, in part, that a certified or registered contractor may not apply for or obtain a building permit for construction work unless the certified or registered contractor has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 26. Based upon 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 tule 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. 28. Based upon Respondent’s repeated disregard of DEP requirements and YU ww) regulations, Respondent violated Section 489.129(1)(n), Florida Statutes, 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. Based upon the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. Facts Pertaining to Case Number 98-17325 31. On or around March 17, 1998, Respondent contracted with William and Elizabeth Self to restore and rebuild their home located at 919 N. Atlantic Avenue, New Smyrna Beach, Florida. 32, The contract price was $98,850.00. 33. The contract did not contain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 34. Onor around March 10, 1997, Respondent submitted a permit application to the New Smyrna Beach Building Department for his work on the Self project. This permit application did not cover additions to the property, only the restoration and rebuilding of existing structures. 35. The permit application was submitted prior to the signing of a contract between Respondent and the Selfs, in violation of Section 489.127(4)(c), Florida Statutes. 36. Onor around July 6, 1998 during a routine inspection of the property, New 5 _ : _ Smyrna Beach Building Inspector Richard McFadden discovered that Respondent had increased Y ww) the square footage and added a bedroom to the Self home. 37. Respondent failed to obtain a permit for the increased square footage and the addition to the Self property. 38. On or around May 11, 1998, Respondent obtained the necessary New Smyma Beach Building Department permit for the Self project. COUNT VI 39, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty-one through thirty-eight as though fully set forth in this Count VI. 40. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to 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. 41. Based upon 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 VII 42. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty-one through thirty-eight as though fully set forth in this Count VII. 43. Section 489.127(4)(c), Florida Statutes, provides, in part, that a certified or registered contractor may not apply for or obtain a building permit for construction work unless the certified or registered contractor has entered into a contract to make improvements to, or 6 UY ‘ ) perform the contracting at, the real property spécified in the application or permit. 44, Based upon 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 VIII 45. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty-one through thirty-eight as though fully set forth in this Count VIIL. 46. Section 455.227(1)(a), Florida Statutes, provides grounds for discipline when a licensee makes misleading, deceptive, or fraudulent representations in or related to the practice pf the licensee’s profession. | 47, Based upon Respondent's misrepresentation as to the scope of work on the building permit, Respondent violated Section 489.129(1)(c), Florida Statutes, by violating any provision of part ] of chapter 455. COUNT IX 48. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty-one through thirty-eight as though fully set forth in this Count IX. 49. Based upon the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, 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 7 VY wo) 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 __ 77 day of Aaa) 2000. Lakty KK Brand CATHLEEN E. O'DOWD LEAD CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: (PP) APrAl Ae, 2000 Laurie B. Woodham Division L : Gene Simmons + Hull Ne Kibo. Assistant General Counsel Fla. Bar No.: 0049549 Department of Business and Professional Regulation F | L E D 1940 North Monroe Street Department of Business and Professional Reguiation Tallahassee, FL 32399-2202 DEPUTY CLERK LBW/dd cree rardnt Michel Case # 98-02475 & 98-17325 DATE 5 - 3 | . ADCO

Docket for Case No: 00-003061PL