~ ~ QA -L3.2b Pl STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . Case No. 2000-08810 DAVID R. ANDREW, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID R. ANDREW, ("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 Residential Contractor in the State of Florida, having been issued license number CR C035305. 3. Respondent's last known address is 19800 Quinella Street, Orlando, Florida, 32833. 4. At all times material hereto, Respondent was licensed to qualify Andrew Construction, Inc., license number QB (007934. 5. Section 489.1195(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 January 25, 1999, Michael White (hereinafter “White”), contracted with Bill Mount (hereinafter “Mount”), for the construction of a seawall. 7. White is not licensed to perform this type of work. 8. The contract price was $7,150.00 and White completed the project and was paid in full. . 9. The retention wall has been unable to support water on several occasions, causing Mount to make several repairs himself. 10. Respondent obtained the building permit for the project through the Volusia County Building Department on or about February 17, 1999. 11. Respondent did not have a contract with White and did not perform work on the project or receive any money for the project. COUNT I 12. _ Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 13. Based on the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant know or has teasonable grounds to know that the person or entity was uncertified or unregistered. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 15. Section 489.127(4)(c), Florida Statutes, provides that a certified or registered contractor may not apply for or obtain a building permit for construction work unless the certified or registered contractor has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 16. 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 tule 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, 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 thereunder. Signed this ZOIN, dayof_ Oct) sen , 2001. | AC.00! y: Robert A. Crabill Assistant General Counsel COUNSEL FOR DEPARTMENT: F | L E D Department of Business and Professional Regulation Theodore R. Gay DEPUTY CLERK Assistant General Counsel and MN . Angela C. Desmond AM cen tandmn Hechel. Assistant General Counsel - Department of Business and DATE | 0 (a) = | Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2000-08810 oh I PCP: alzeler

Docket for Case No: 02-001326PL