STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONS I & II O1-\WwlPe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. 7 . Case No. 99-00354 KIRK S, GEISMAR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KIRK S. GEISMAR, ("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 Building Contractor, in the State of Florida, having been issued license number CBC024032 and a Certified Pool/Spa Contractor, having been issued license number CPC029631. 3. Respondent's last known address is 2081 SW 70" Avenue, Bay H-12, Davie, Florida, 33317. 4. At all times material hereto, the Respondent was licensed to practice contracting as National Screen and Aluminum Repairs, Inc. 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. At no time material hereto did Respondent obtain a certificate of authority for National Screen and Aluminum Repairs, Inc., as required by Section 489.119(2). 7. On or around August 12, 1998, Respondent, doing business as National Screen and Aluminum Repairs, Inc., contracted with Mark Homburg to sell and install seventeen hurricane panels on property located at 632 SW 8" Avenue, Fort Lauderdale, Florida. 8. The contract price was $1,950.00. 9. Respondent was paid $1,908.00 in cash and $42.00 in credit for broken patio + furniture on the job site. | 10. On or around August 19, 1998, the City of Fort Lauderdale Building Department issued permit number 98081392, by and through Respondent’s license, for the work on the Homburg project. 11. Respondent commenced construction on or around August 19, 1998, and completed construction on or around August 28, 1998. 12. On or around August 28, 1998, Respondent called for a final inspection on the ; Homburg project. The inspection failed because the installation was not per plan. 13. On or around October 7, 1998, Respondent called for a final inspection on the Homburg project. The inspection failed because the panes were not ready. 14. On or around October 30, 1998, Respondent called for a final inspection on the Homburg project. The inspection failed because the shutters were not properly installed and not properly labeled. 15. Respondent has failed to obtain a final inspection for his work on the Homburg project. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 17, Section 489.1192), 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, > df any. 18. _ Based upon the foregoing, the Respondent violated Section 489.129(1)(i), 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 19. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count II. | 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), 3 Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT HI 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count III. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), 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 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 / l ae of , 2000. Po SATHLEEN E, O'DOWD LEAD CONSTRUCTION ATTORNEY FILED Department of Business and Professional Regulation iP ; AGENCY CLERK J . + curK Soya 2. Wakmnn opr att. 718 2000 - COUNSEL FOR DEPARTMENT: Patrick F. Creehan Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 CEO/PFC Case # 99-00354

Docket for Case No: 01-001161PL