2, os . a foe STATE OF FLORIDA Ca a ’ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Q Oy Se CONSTRUCTION INDUSTRY LICENSING BOARD fot he ‘3 DIVISION I DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION, 0) { 24260 Petitioner, . . vs. : Case No. 99-08170 JEFFREY THOMAS UTKE, - Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against IEFFREY THOMAS UTKE, ("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 f ~~ ~~~ Contractor in the State of Florida, having been issued license number CB C047713 by the Florida Construction Industry Licensing Board. 3. Respondent's last known address is 5700 Grace Lane, Jacksonville, Florida 32205- f 4735. . 4. At all times material hereto, Respondent was licensed as qualifying agent for Souther Home Products, 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. On or about June 21, 1997, Respondent, doing business as Southern Home Products, Inc., contracted with Doris Edgerson to build a screen room addition to her residence located at 6117 Shakespeare Drive, Jacksonville, Florida. 7. The total price of the aforesaid contract was $5,775.00, which Ms. Edgerson paid _ Respondent in full. © 8. Respondent commenced work on the screen room addition on or r about June 21, 1997 and substantially completed the project on or about June 23, 1997. 9. On July 29, 1997, Respondent obtained permit number 37187.000 from the Duval: County Building Department for the aforesaid project. 10. The Building Department required an inspection. 11. Respondent failed to obtain a final inspection for Permit number 37187.000 from the Duval County Building Department. 12. Based on the *Pregoing, Respondent has violated Section 489.129(1)(p), Florida Statutes (1997) 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 rehabilitative 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 _|@ = day of O—— 2001. oo JERS Toye, &— By: Robbert Crabill Assistant General Counsel COUNSEL FOR DEPARTMENT: FILED William Oglo t/Ind Department of Bust fasstonal Assistant General Counsel , DEPUTY CLEnn Reaviation Department of Business and : : - Professional Regulation . . re. , mH) tz; f J, Northwood Centre CLERK " ° 1940 North Monroe Street, Suite 60 DATE -@-200) Tallahassee, FL 32399-2202 WO/abr Case# 99-08170 ae Xp. 530-0 (yoo. + Guke ahem MEMORANDUM OF FINDING OF PROBABLE CAUSE TO: | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OFFICE OF THE GENERAL COUNSEL-LEGAL C FROM: CHAIRPERSON, PROBABLE CAUSE PANEL, DIVISION I BOARD: CONSTRUCTION INDUSTRY LICENSING BOARD RE: "JEFFREY THOMAS UTKE ‘CASE NUMBER: 99-08170° LICENSE NO.: CB C047713 _ DATE OF PROBABLE CAUSE PANEL MEETING: _ MAY 30,2001 THIS MATTER WAS BROUGHT BEFORE THE PROBABLE CAUSE PANEL MEMBERSHIP COMPOSED OF: Lada. Burbe os rie DATE SET FORTH ABOVE. THE PANEL, HAVING RECEIVED THE INVESTIGATIVE REPORT, HAVING CAREFULLY REVIEWED THAT REPORT, HAVING REVIEWED THE RECOMMENDATION OF THE DEPARTMENT AND HAVING HAD THE OPPORTUNITY TO INQUIRE OF COUNSEL AND BEING OTHERWISE DULY ADVISED IN THE PREMISES THEREOF, FINDS THAT: PROBABLE CAUSE WAS NOT FOUND IN THIS CASE. — PROBABLE CAUSE WAS FOUND ON THE FOLLOWING STATUTORY AND RULE GROUNDS, INCLUDING BUT NOT LIMITED TO, SECTIONS: 489.129(1 Florida Statutes (1997) (failure to obtain final inspection’ . . PROBABLE CAUSE WAS FOUND TO AMEND THE ADMINISTRATIVE COMPLAINT AS FOLLOWS: BILL OGLO ~o4e soe

Docket for Case No: 01-003420PL