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. 99-02402 Ol -lO67el RONALD D. BRYMER, — Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RONALD D. BRYMER, ("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 CRC057513, his license is currently in active status. 3. Respondent's last known address is13004 Lem Turmer Road, Jacksonville, Florida, 32118. 4, At all times material hereto, the Respondent was licensed to practice contracting as Affordable Aluminum. 5. At no time material hereto did Respondent obtain a certificate of authority to practice contracting as Affordable Aluminum, as required by Section 489.1 19(2), Florida Statutes. 6. On or around June 5, 1998, Respondent, doing business as Affordable Aluminum, contracted with Sharon Stoener to build a screen room on the Stoener home located at 8209 Hall Lane, St. Augustine, Florida. 7. The contract price was $9540.00. 8. The contract did not contain notification of the Construction Industries Recovery Fund, as required by Section 489.1425, Florida Statutes. 9. Work began shortly after June 5, 1998 and ceased on or around June 17, 1998. 10. The work Respondent performed at the Stoener residence required a permit. 11. Respondent failed to obtain a permit for his work on the Stoener project. cCOUNTI 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. Section 489.119(2), Florida Statutes, provides 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 the fictitious name, if any. i I i L i i 14. 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 II 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IL. 16. 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. 17. 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 rule or lawful order of the board. COUNT IIT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IIL. 19. 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 3 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 44 a day of 2000. COUNSEL FOR DEPARTMENT: Patrick F. Creche , Assistant General‘Gounsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 JIM/PFC ox Case # 99-02402 fur: 12fe]oo Obed + Kay)

Docket for Case No: 01-001087PL