Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: KARL F. RIESTERER. JR.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 29, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 19, 2001.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA ey a
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Up 729
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISIONS I &
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. . Case No.*2000-03297; 2000-04706
KARL F. RIESTERER, JR.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against KARL F. RIESTERER, JR.,("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, a Certified Roofing Contractor, a Certified Mechanical Contractor, a Certified
Pool/Spa Contractor, and a Certified Plumbing Contractor in the State of Florida, having been
issued license numbers CG C048765, CC C053267, CM C052396, CP C053898, and CF .
C051639. “4, .
3. Respondent's last known address is Post Office Box 948238, Maitland, Florida,
32794,
4. At all times material hereto, Respondent was licensed to qualify JK Construction
Group, Inc.
5. Respondent failed to obtain a certificate of authority for JK Construction
Group.
-FACTS PERTAINING TO CASE NO, 2000-03297
6. On or about August 10, 1998, Respondent contracted with Dolores Drees
(hereinafter “Drees”), for the construction of a two-story addition, two-car garage, and two
porches.
7. The contract price was $198,820.00 and Respondent was paid approximately
$50,000.00.
8. Respondent failed to provide notice of the Construction Industries Recovery
Fund,
9. Respondent was terminated by Drees for what she determined to be poor
workmanship and failure to follow plans.
10. On or about March 23, 2000, the Orange County Building Codes Board of
Adjustment and Appeals found Respondent guilty of willful misrepresentation as included in the
building permit application and departing from plans and specifications on the contract and
building permit application.
11. Respondent claimed on the permit application that the job cost was $80,000.00,
while the contract with Drees stated a cost of $198,820.00.
COUNTY.
12. Petitioner realleges and incorporates the allegations set forth in Paragraphs One
through Eleven as though fully set forth herein.
oh a
b owae
~ “a rule or lawful order of the board. ;
13. Section 489.119(2), Florida Statutes, provides that if the 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 then 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.
14. Based on 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
a rule or lawful order of the board.
COUNT I
15. . Petitioner realleges and incorporates the allegations set forth in Paragraphs One -
through Eleven as though fully set forth herein.
16. — Section 489.1425, Florida Statutes, provides that any agreement or contract for
repair, Testoration, improvement or construction to residential real property must contain a
written statement explaining the c consumer’ s rights under the Construction Industries Recovery
Fund, except where the value of all labor does not exceed $2,500.00.
1. Based ¢ on the foregoing, Respondent violated Section 489. 129(1)(i), Florida
: Statutes, by failing in in any material respect to > comply with the provisions of this part or violating
COUNT Jil
18. Petitioner realleges and incorporates the allegations set forth in > Paragraphs One
through Eleven as though fully set forth herein.
19. “Based on the foregoing, Respondent violated Section 489.129(1)(), Florida .
eee oe Ee Er
’ Statutes, by committing fraud or deceit in the practice of contracting.
COUNT IV
20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One
through Eleven as though fully set forth herein. |
21. Based on the foregoing, the Respondent violated Section 489.129(1)(h), Florida
Statutes, by being disciplined by any municipality or county for an act or violation of this part.
| COUNT V
22. Petitioner realleges and incorporates the allegations set forth in Paragraphs One
through Eleven as though fully set forth herein.
23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida
Statutes, by committing incompetency or misconduct in the practice of contracting.
FACTS PERTAINING TO CASE NO. 2000-04706
24, On or about March 9, 2000, a hearing was held by the Polk County Contractor
Licensing Board, and Respondent was found in violation of the Standard Building Code, 1997
- Edition, Section 104.6.1 and 105.6, .
25. Respondent let approximately 70 permits expire, with most not having an
inspection requested. Bn .
26. Ina Final Order dated March 9, 2000, The Polk County Contractor Licensing
Board suspended Respondent’s permitting privileges until all expired permits have received an
approved final inspection. |
oe COUNT vy,
27, Petitioner realleges and incorporates the allegations set forth in Paragraphs One
fos
®
’ Assistant General Counsel
through Eleven and Paragraphs Twenty-Two through Twenty-Four as though fully set forth
herein.
28. Based on the foregoing, the Respondent violated Section 489.129(1)(h), Florida
Statutes, by being disciplined by any municipality or county for an act or violation of this part,
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 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 —_
Signed this nme day of ih pAcs
2001
, Crabill
Assistant General Counsel
COUNSEL FOR DEPARTMENT:
Theodore R. Gay oe F | L E D
Department of Business and Professional Regulation
and DEPUTY CLERK ~
) ;
Angela C. Desmond WY .
Assistant General Counsel CLERK Michels.
Department of Business and 4-27-2001
Professional Regulation ; DATE za 2 = A200 |
Office of the General Counsel
1940 N. Monroe Street, Ste. 60
‘Tallahassee, FL 32399-2202
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2000-03297
"2000-04706
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Docket for Case No: 01-003449PL
Issue Date |
Proceedings |
Sep. 19, 2001 |
Order Closing File issued. CASE CLOSED.
|
Sep. 18, 2001 |
Motion to Relinquish Jurisdiction Without Prejudice filed by Petitioner.
|
Sep. 10, 2001 |
Notice of Hearing issued (hearing set for October 5, 2001; 9:00 a.m.; Orlando, FL).
|
Sep. 10, 2001 |
Order of Pre-hearing Instructions issued.
|
Sep. 06, 2001 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
Aug. 30, 2001 |
Initial Order issued.
|
Aug. 29, 2001 |
Administrative Complaint filed.
|
Aug. 29, 2001 |
Election of Rights filed.
|
Aug. 29, 2001 |
Agency referral filed.
|