STATE OF FLORIDA : "DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, rs z Petitioner, | vs. . . Case No. 99-10238 Ol-392TFL EDWARD A. REICHE, Respondent. ! / ADMINISTRATIVE COMPLAINT Petitioner, [DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing . Board, against st EDWARD A. REICHE, Respondent"), and says: a 1. ~ Petitioner i 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 i is, ‘and has been at all times material hereto, a Cenited Air ep Conditioning C Contractor, in the State of Florida, having been issued license number , CACO 1913, his license is currently in active status. ~" McNab Road, Tamarac Florida, IETS EER REINER TERETE ERE Soe eR" ree gee ee ae ein violation of aoe ; 4 At all times material hereto, the Respondent was licensed to practice contracting — as s All Season Ain Conditioning & Appliance, Ine. practice contracting as All Season Air Conditioning & Appliance, Inc., as required by Section 489.119(2), Florida Statutes. “6. On or around July 20, 1999, Respondent, doing business as All Season Air - Conditioning & Appliance, Inc., contracted with Terry Watson to install an air conditioner at the _Watson home located at 1931 NE 62™4 Street, Fort Lauderdale, Florida. 7. The contract price was $3850. 00 and Respondent was paid in full. 8. The contract did not contain notification of the Construction Industries Recovery "Fund, as as required by Section 489.1 1425, Florida Statutes, 9. Respondent began and completed work on the Watson pre} ect on or around Tuly 26, 1999. 10. The work Respondent performed at the Watson home required a mechanical permit. ll. Respondent failed to obtain a mechanical permit for his work on the Watson home, 9,129(1)(0), Florida Statutes. in violation of Seti ion 489. 129(1)(0), Florida Statutes. COUNTT I in paragraphs one . 5 At, o time : material hereto did Respondent possess a certificate of authority ‘0 - 127 The work Respondent performed at the Watson home required an electrical permit. ae : 13. “Respondent failed to obtain se eleoeieal permit for his work on. ‘he ‘Watson home, oe 15. Section 489.1 19(2), Florida Statutes, provides th if an n applicant propose to engage in contracting as a business ofganization, 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. . | 16. 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 atule or lawful order of the board. . COUNT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through t thirteen as though h fully s set forth in this Count II. . 18. " Section 1 439, 1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement expl g 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. “Based: upon the fore COUNT Il 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs one ‘through thirteen as thovigh fully set forth in this Count II. going the Respondent late d Sec n 489 1290} Flonda - “ct of Business and Prot 21, " Because Respon ent failed to ob home, the Respondent violated Section 489. 1291)0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. _ COUNT IV IV 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through thirteen as though fully set forth in this Count IV. 23. Because Respondent failed to obtain an electrical permit for his work on the Watson home, the Respondent violated Section 489.129(1)(o), 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 a an Order i ‘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. Fl | E D i JE — day of egsional Reguiation . DEPUTY OEMS na mechanical permit for his work on the Watson COUNSEL FOR DEPARTMENT: Patrick F. Creehin =~ _ Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 JIM/PFC Case # 99-10238 TT RRR ne

Docket for Case No: 01-002927PL