; 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. 99-09410 Ol~0974 PL HARRY BLUE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against HARRY BLUE, ("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 C003780. 3. Respondent's last known address is 19681 S.E. County Line Road, Tequesta, Florida 33469. 4. At all times material hereto, Respondent was licensed to practice contracting in his individual name. 5. On or about October 25, 1999, Respondent entered into a contract with Adele Kahn (hereinafter "Kahn") to repair the roof of Kahn's home located at 224 South Ocean Blvd., Palm Beach, Florida. 6. The contract price was $12,300.00, of which Kahn paid Respondent $3,000.00. 7. Respondent commenced work on the project; however, Respondent failed to obtain the required permits. . COUNT I 8. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 9. Section 489.126(2)(a), Florida Statutes (1999), states that a contractor who receives, as initial payment, money totaling more than ten (10) percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within thirty (30) days after the date payment is made. 10. Respondent received $3,000.00, more than ten (10) percent of the total contract price of $12,300.00, and he did not pull the required roof repair permit from the Town of Palni Beach Building Department. 11. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489.126(2)(a), Florida Statutes (1999). COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 13. Section 489.1425(1), Florida Statutes (1999), states 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. 14. The Kahn contract did not contain the Construction Industries Recovery Fund notification. 15. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489.1425(1), Florida Statutes (1999). COUNT III 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting. COUNT IV 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes (1999), 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 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 / a day of , 2000, ONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: Theodore R. Gay F | L E D Senior Attorney ‘Department of Business and Professional Regulation and : DEPUTY CLERK Erica D. Glover Senior Attorney cere Brera Michele Department of Business and Professional Regulation DATE % ~ | - ACO Office of the General Counsel 1940 N. Monroe Street, Ste. 60 ; Tallahassee, FL 32399-2202 | EDG/bjb Case # as : CP: o71)a¢/e0 foe « [enker |

Docket for Case No: 01-000474PL