STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I OO -Y UZfL- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 99-03752 S. BARRY GRIEPER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against S. BARRY GRIEPER, ("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 C049767. 3. Respondent's last known address is 2900 NW 47th Terrace, #301, Lauderdale Lakes, Florida 33313. 4. At all times material hereto, Respondent was the licensed qualifier for Global ‘ Industries & Mfg., Inc. ("Global"). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying 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. Global's Qualified Business License, number QB 0002983 is currently ina delinquent status. 7. On or about December 24, 1996, the Respondent, doing business as Global, and Joseph F. Le Blanc, doing business as Diamond General Contractors ("DGC"), entered into a joint venture agreement, by which the Respondent allowed Le Blanc to use Respondent's license in exchange for $500.00 or 5% of DGC's gross profits. 8. At no time material hereto was Le Blanc a certified or registered as a licensed contractor in the state of Florida. 9. The Respondent k new or had reason to know that Le Blanc was not licensed because the Respondent and Le Blanc had entered into the aforementioned joint venture agreement. 10. Onor about December 24, 1996, Le Blanc, doing business as DGC, entered into a I contractual agreement with Lynn Manion whereby Le Blanc would remove a concrete slab, pour concrete, frame the arbor, and haul debris at property located at 3542 Sahara Springs Blvd., Pompano Beach, Florida. 11. The total contract price was $4,600.00 2 12. On or about January, 1997, Le Blanc, doing business as DGC, entered into a second contractual agreement with Christopher and Lynn Manion, whereby Le Blanc would install 17.x 17 Colorado Peach pavors at the arbor, instal] shadow box fencing and a gate, and stall a 9 x 7 electric roll shutter with one center bar at property located at 3542 Sahara Springs Blvd., Pompano Beach, Florida. 13. Le Blanc was paid a total of $5,425.00 by the Marions for the aforementioned projects. 14. Building permit number 97-00070-60 was issued to Global as the building contractor by the City of Pompano Beach Building Department for the project located at 3542 Sahara Springs Blvd., Pompano Beach, Florida. 15. The aforementioned permit was revoked by the City of Pompano Beach because steel had been removed from the worksite after an inspection had been conducted. 16. Le Blanc failed to complete the project and did not refund the Marions the contract price paid COUNT 1 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through sixteen as though fully set forth herein. | 18. Section 489.119(2)(d), Florida Statutes, provides in part that a certificate of authority must be renewed every 2 years. 19. Based on 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 rule or lawful order of the board, more specifically by allowing his Certificate of Authority to become delinquent. 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 Section 489.129 (1)(e), Florida Statutes, 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. COUNT I 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through sixteen as though fully set forth herein. | 23. Based on the foregoing, the Respondent violated Section 489.129 (1)(n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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 iat th day of Interim Lead Construction Attorney COUNSEL FOR DEPARTMENT: 1 E D Patrick F. creel Department of Business and Professional Regulation Assistant Gener Counsel DEPUTY CLERK Department of Business and Professional Regulation 2 y) MN 7 Lichols : CLERK ’ Office of the General Counsel 1940 N. Monroe Street, Ste. 60 DATE Qg -20 ~2000 Tallahassee, FL 32399-2202 PFC/jkm Case # 99-03752 PCP: August 29, 2000 Alford & Burke

Docket for Case No: 00-004436PL