STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ’ Petitioner, DBPR Case No. 2000-04819 . OL -8994 RONALD L. DYSER d.b.a. DYSER PLUMBING CO., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board against RONDALD L. DYSER, (“Respondent”), and says: Lo 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 plumbing contractor, in the State of Florida, having been issued license number CFC019114. 3. Respondent's last known address is 4312 Oakhurst Terrace, Tampa, Florida 33624. 4. At all times material hereto, Respondent was the licensed qualifier for Dyser Plumbing Co. 5. To date, Respondent has not obtained a qualified business license for Dyser Plumbing Co. | 6. 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. 7. On or about May 4, 1998, a Final Judgment, relating to the practice of contracting, was obtained against Dyser Plumbing Co., in Case Number 98-3948SC in the County Court in and for Hillsborough County in favor of Ferguson Enterprises in the principal amount of one thousand twenty four dollars and forty seven cents ($1,024.47) and costs in the amount of one hundred eleven dollars and fifty cents ($111.50). 8. To date, Respondent has failed to satisfy the judgment. COUNT I 9. Petitioner Tealleges and incorporates paragraphs one through eight as though hy Sg ee ~10.°° Based on the foregoing, Respondent violated Section 489.129(1{(m)) Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT II 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. ESSE S ee fe AR Bp or fictitious name, if any. ; Statutes, by not obtaining a certificate of authority for r Dyser Plumbing Co. 12. Rule 61G4-17.001(23), Florida Administrative Code, states in part that for the purposes of Section 489.129(1)(q), Florida Statutes, “reasonable time” means ninety (90) days following the entry of civil judgment that is not appealed. 13, Based on the foregoing, the Respondent violated Section 489.129(1§(9), Florida Statutes, by failing to satisfy within a reasonable time the terms of a civil judgment obtained against the licensee or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. COUNT It ‘14. Petitioner realleges and incorporates the allegations set forth in paragraphs one ' through eight as though fully set forth herein. 15. 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 16. Based on the _ foregoing, Respondent violated Section 489. 119(2), Florida "WHEREFORE, Petitioner ‘Tespectfully requests the Construction | Industry Licensing Board to enter an Order imposing o one or more of the following penalties: place the license on Probation, reprimand the licensee, _ revoke, suspend, deny the issuance or "renewal of the certificate or registration, require financial restitution to the consumer, impose an administrative fine not to sempre 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 “7 th day of _X peer Arex _, 2000. ssistant General Counsel COUNSEL FOR DEPARTMENT: Ellen C. Marino i | LEDS Regulation Assistant General Counsel Department of BEPUTY CLERK Department of Business and D Office of the General Counsel Professional Regulation (2. / Wi Nichol CLERK 1940 N. M S , Ste. 60 - - onroe Street, Ste DATE ~\Q-2a-2000 _ Tallahassee, FL 32399-2202 ECM/cbs Sem Case # 2000-04819

Docket for Case No: 01-002999