“ter, » be STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION pe eye CONSTRUCTION INDUSTRY LICENSING BOARD Sn, DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OO-a4i4 PL Petitioner, Case No. 99-04519 99-07873 vs. RANDALL LAWRENCE GILBERT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RANDALL LAWRENCE GILBERT, ("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 Plumbing Contractor, in the State of Florida, having been issued license number CF C056972. 3. Respondent's last known address is 15700 NW 7° Avenue, Miami, Florida 33169. 4. At all times material hereto, Respondent was the licensed qualifier for Tri County Plumbing Services (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. COUNT I FACTS RELATING TO CASE NUMBER 99-07873 5. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four as though fully set forth in this Count I. 6. On or about September 2, 1999, the Contractor entered into a contract with Frank Natoli (hereinafter referred to as "Customer") for the installation of two toilets, two sinks, the removal of a bathtub, running hot and cold water lines to a washing machine, and to perform a few other plumbing details at his residence at 5005 Collins Avenue, Miami, Florida 33140, for One Thousand, Five Hundred dollars ($1,500.00). 7. The Customer paid the contractor One Thousand dollars ($1,000.00) towards the contract price. 8. From on or around September 2, 1999 through September 14, 1999, the plumbing work was in progress at the Customer's residence. 9. The Contractor failed to obtain a plumbing permit to perform the plumbing work at the Customer’s residence. 10. Based on the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes (1998 Supp.), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT II , 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through nine as though fully set forth in this Count Il. 12. On or about September 14,. 1999, the Contractor ceased work at the Customer’s residence. 13. Plumbing work that remained to be done, included, but is not limited to, the installation of two sinks and two toilets. 14, The Contractor refused to perform the remaining plumbing work unless the Customer paid additional funds, which were not a part of the contract. 15. The foregoing constitutes misconduct in the practice of contracting. 16. Based on the foregoing, the Respondent violated Section 489.129(1) (m), Florida Statutes (1998 Supp.), by committing incompetency or misconduct in the practice of contracting. COUNT III FACTS RELATING TO CASE NUMBER 99-04519 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through nine and twelve through fifteen, as though fully set forth in this Count IIt. 18. On or about January 25, 1999, the Contractor entered -into a contract with the Venetian Park Homeowners Association (hereinafter referred to as “Association”) for the installation of brass ball valves on distribution lines throughout the complex at 801 NE 25*" Avenue, Hallandale, Florida 33309, for Seventeen Thousand dollars ($17,000.00). 19. The Association made payments to Tri County Plumbing Services in the amount of Thirteen Thousand dollars ($13,000.00). 20. The Contractor performed the plumbing work without obtaining the required permit from the Broward County Building Department. 21. Based on the foregoing, the Respondent violated Section 489.129(1}) (6), Florida Statutes (1998 Supp.), 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 ail 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+ COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/sb 2/18/00 Case #99-07873 day of LV ey , 2000. Laht £ dD oud CATHLEEN E. O’ DOWD LEAD CONSTRUCTION ATTORNEY (PcP) Apnl Ao, BOO Divisione : hei hLaween br+ Sugan Se FILED Department of Business and Professional Ragulation DEPUTY CLERK oxen rtarrdont Tichale DATE 5-24-2000

Docket for Case No: 00-004414PL