Apr 27 2005 3:43 a4/27/ 2085 a7:4g 8589219186 DEPR PAGE 2/13 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. 2004-039342 SHERON ELIZABETH BUSH D/B/A HOMESTEAD EXTERIORS, INC. Respondent. / ADMINISTRATIVE COMPLAINI Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against SHERON LEE BUSH d/b/a HOMESTEAD EXTERIORS, INC., ("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 was at all times material hereto, a Certified Specialty Structure Contractor, in the State of Florida, having been issued license number SCC C13056761., i 3. Respondent's last known address is 15519 U.S, Hishway 441, Suite 205, Eustis, Florida 32726. a“ 4, At all times material hereto, Respondent was the qualifying agent for Homestead Exteriors, Inc., which holds a certificate of authority, QB 0014111. Apr 27 2005 3:43 a4/27/ 2085 a7:4g 8589219186 DEPR PAGE 3/13 5. On or about October 24, 2003, Respondent entered into a contract with Dolores H, Rodriguez (“Rodriguez”) to remove an existing screen room and install a new Florida room with Pro-Fab vinyl siding, 2 acrylic windows, plywood floor, a door with a glass top half, and insulated walls, for a price of $12,500. A 6. The contract does not contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, where the value of the contract exceeds $2,500. 7. Rodriguez states that the room was to be her “hobby” room where she intended to spend most of her time. 8. Rule 61G4-15.015(2)(b), Florida Administrative Code, provides, inter alia, that the scope of the work performed by a Certified Specialty Structure Contractor “shall include wood work incidental to the aluminum and allied materials construction work” and that “it shall be limited to the construction of wood framing for the walls of uninhabitable utility storage structures, raised wood decks for enclosures, and the repair and/or replacement of wood incidental to the installation of glass windows and doors, installation of siding, soffit, fascia, gutters and preformed panel-post and beam roofs,” 9, On October 21, 2003, Lake County Building Services Division issued Permit No. 2003100963 to Respondent to “REPLACE SCREEN RM W/ PRO-FAB PANELS & ACRYLIC WINDOWS?” at Rodriguez’s residence, 140 N. Sunset Ave., Mount Dora, Florida. 10. Respondent failed to disclose in the permit application that the actual scope of the work to be performed for Rodriguez would entail building a room with walls and a roof over a wood deck that would require by code a steel-reinforced footing and a concrete slab for a foundation. Apr 27 2005 3:44 a4/27/ 2085 a7:4g 8589219186 DEPR PAGE @4/13 11. Respondent failed to provide an engineered set of plans with the permit application consistent with the work actually to be performed. 12. Inaletter dated August 3, 2004, DT. Greiner, Director, Building Division, Department of Growth Management, Lake County, advised Respondent that (a) her license allows her to remove a screen room and replace it with pro-fab panels only for an uninhabitable structure; (b) the contract with Rodriguez is for a Florida room; (c) a Florida room constitutes living or habitable space; (d) a Florida room is beyond the scope of her license; (¢) Permit No, 2003100963 was revoked nullifying any and all inspections; and (f) she should remove the illegal structure from the property. 13. Contractors and engineers including William Sanders, George Moeller, Mark 8. Ricker, and J. Lee Smith evaluated Respondent’s work and conchided that it needed to be razed and the job re-permitted and done over with costs estimated to be between $15,000 and $24,000. COUNT I 14, _‘ Petitioner realleges and incorporates the allepations set forth in paragraphs one through thirteen as fully set forth herein. 15. Section 455.227(1)(o), Florida Statutes, provides that practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform, constitutes grounds for which disciplinary action may be taken as specified in section 455.227(2), Florida Statutes. 16. Based on the foregoing, Respondent violated Section 455.227(1)(0), Florida Statutes, by knowingly practicing beyond the scope permitted by law and performing professional responsibilities Respondent is incompetent to perform. Apr 27 2005 3:44 a4/27/ 2085 a7:4g 8589219186 DEPR PAGE 5/13 COUNT IT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as fully set forth herein. 18, Section 429.129(1)(m), Florida Statutes, provides that disciplinary action may be taken against a licensee for committing incompetency or misconduct in the practice of contracting. 19. _ Based in the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT If 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as fully set forth herein. 21. Section 429.129(1)(0), Florida Statutes, provides that disciplinary action may be taken against a licensee for proceeding on any job without obtaining applicable local building code permits and inspections. 22. Based on the foregoing, Respondent has violated section 489.129(1)(o), Florida Statutes, by proceeding on a job without obtaining applicable local building code permits and inspections. COUNT IV 23. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as filly set forth herein. 24, =‘ Section 489,1425(1), Florida Statutes, provides in part that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Apr 27 2005 3:44 a4/27/ 2085 a7:4g 8589219186 DEPR PAGE 46/13 Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 25, Based on the foregoing, Respondent violated Section 489. 129(1)@), 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. 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 is”) day of j YC oly Vou , 2004. Charles J. Pellegr Assistant General Counsel CIP Case # 2004-039342 PC Found: December 7, 2004 8 aNd Pry Division Il: Watts & Blankenship DEpU py rok

Docket for Case No: 05-001526PL