Call STATE OF FLORIDA TEs Tp ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION» A Gg TE CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-07504 |-3 Bal AL JOHN J. KELLY, Or Respondent. | / ’ ADMINISTRATIVE COMPLAINT — Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN J. KELLY, ("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 general contractor in the State of Florida, having been issued license number CG C036127. 3. Respondent's last known address is 13303 North Rome Avenue, Tampa, Florida 33612. 4. Atall times material hereto, Respondent was the qualifying agent for Kelly Kreations, $ Inc. 5. Section 489.1195(1)(a), Florida Statutes (1999), 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. - Onor about June 2, 1999, Michael Reynolds (hereinafter "Reynolds"), d.b.a Shamrock Restorations, entered into a contract with Joseph and Marina Hughes (hereinafter "the Hughes"), whereby Reynolds was to remodel the Hughes’ residence located at 8706 Elmwood Lane, Tampa, Florida. . 7 | At no time material hereto was Reynolds licensed to practice contracting in the State of Florida. 8. The total contract price was forty-eight thousand nine hundred thirty-three dollars ($48,933.00). 9. The Hughes paid Reynolds and/or Shamrock Restorations forty-two thousand dollars ($42,000.00). . _ 10. Onor about January 4, 2000, Respondent obtained permit number NGB05787 from the Hillsborough County Building Department for the project. 11. At.no time material hereto was Reynolds an employee of Respondent and/or Kelly ynolds due to his poor eo: construction practices and his attempts to increase the original contract price. | 15. The Hughes have received a verbal estimate of twenty-nine thousand dollars ($29,000.00) to complete the project. COUNT I | 16. Petitioner realleges and incorporates paragraphs one through fifteen as though fully set forth. herein. | . | 17.- Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing an act which assisted a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting. | COUNT II 18. Petitioner realleges and incorporates paragraphs one through fifteen as though fully set forth herein. . 19. . Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, _ by committing incompetency or misconduct in the practice of contracting. | | WHEREFORE, Petione respectfully requests the Construction Industry Licensing Board enter an Order i imposing one or more of the e following Penalties: Place on Probation, reprimand the + cae licensee, revoke, sxe, fey the i 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, as assess costs associated with investigation and prosecution, impose any ~ or all penalties delineated within Section 455 52270), Florida Statutes, andlor any other relief that the Board i is authorized. to impose para to 0 Capes 4 489, 455, Florida Starues, and/or the rules promulgated thereunder. o . Ze Signed this l — day of , 2001. COUNSEL FOR DEPARTMENT: Ellen C. Marino Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 _ BCM/bjb Case # 2000-07504 Lead Construction Attorney LED. Department of Business and Professionat . DEPUTY CLERK "eau cum Brann [Techoly ove__7=G~ 200) | re eee ae

Docket for Case No: 01-003326PL