eLED STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL Bro} 12: 32 CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I VY ETITT) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-03578 Ol- BAAN PL EUGENE JAMES MCNALLY,. Respondent. : | / ADMINISTRATIVE COMPLAINT ; . Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EUGENE JAMES MCNALLY, ("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 i is, and has been a at tall times material hereto, a Cent ed 1 Building Contractor, in the State of Florida, having been issued license number CB .€048969. 3. Respondent's last known address i is 509 Longmeadow Street, Celebration, Florida ° 34747. “4, _At all times material hereto, Respondent was licensed to do business as an individual. 5. Section 489.115(5)(a), Florida Statutes, requires that as a prerequisite to the initial issuance or the renewal of a certificate or registration, the applicant shall submit an affidavit on a form provided -by the board attesting to the fact that the applicant has obtained workers’ compensation insurance as required by chapter 440, public liability insurance, and property damage insurance for the safety and welfare of the public, in amounts determined by tule of the board. 6. By Rule 61G4-15,003, Florida Administrative Code, the Construction Industry | Licensing Board established insurance requirements including, but not limited to, the following for a Building Contractor: a. Liability Insurance, in the name of the licensee or licensee’ s business, in n the minimum amount of $300, 000. 00; ; i b. Property Damage Insurance, in the name of the licensee or licensee’s business, in the minimum amount of $50,000.00; c. The certificate holder must be the State of Florida, Department of Business and Professional Regulation, the Construction Industry Licensing Board. 7. Rule 61G4-15 003(2), Florida Administrative Code, provides for random sample insurance audits by requiring selected licensees to Submit Proof of having maintained ublic ability and property insurance in 1 the rewired amounts ding th the last licensure renewal period. ee iat i * * a 4 Be “rules promulgated thereto. 9. Respondent failed to provide proof in response to the audit that he had maintained the proper amount of workers’ compensation, public liability and property insurance continually during the audit period. 10. Section 489.115(4)(b)(1), Florida Statutes, requires that each certificateholder or registrant shall provide proof, in a form established by rule of the board, that the certificateholder or registrant has completed at least 14 classroom hours of at least 50 minutes each of continuing education courses during each biennium since the issuance or renewal of the certificate or Tegistration. 11. Rule 61G4-18.002(2), Florida Administrative Code, provides that “course” means _ any course, seminar or other program of instruction which has been approved by the board for the purpose of complying with continuing education requirements for contractors. 12. — Rule 61G4-18.002(1), Florida Administrative Code, provides that the Department shall perform random audits of at least two hundred fifty up to a maximum of ten percent of the licensees and instructors to verify compliance of continuing education courses for thrée years, 13. In accordance with the above-stated provisions, the Construction Industry Licensing Board requested by letter dated March 25, 1999, that Respondent provide within thirty “days proof of having completed the required hours of continuing education courses approved by the board. ponse to the au with the continuing education requirements of Section 489.115(4)(b)1, Florida Statutes, andthe a eR. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fourteen as though fully set forth herein. 16. By failing to provide proof of adequate insurance as required by the audit, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material Tespect to comply with the provisions of this part or violating a tule or lawful order of the board. COUNT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fourteen as though fully set forth herein. | 18. By failing to provide proof of adequate continuing education credits as required _ by the audit, 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. 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, Tevoke, , Suspend, deny the issuance or renewal of the certificate or registration, require financial restitution toa consumer, , impose an | administrative fine not to SpA SS Signed this th HL day of Fe _, 2001. COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond pos} Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD/acd 2000-03578 keb¢ By: John J. Matthews Assistant General Counsel FILED Department of Business and Professional Regulation AGENCY CLERK ck Sess Be (leche DATE -327-Ol ose ree

Docket for Case No: 01-002994PL