STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ty Sép | DIVISION II P Apel Were 4Ohny (Sy DEPARTMENT OF BUSINESS AND CAG pha PROFESSIONAL REGULATION, —_— &S Petitioner, O | . U Ob > v. Case No. 2006-050588 KRISTIAN EMERY IRR, D/B/A PREVENTIVE MAINTENANCE SUPPORT SVCS, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KRISTIAN EMERY IRR, D/B/A PREVENTIVE MAINTENANCE SUPPORT SVCS, 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 has been at all times material hereto, a Certified Roofing Contractor in the State of Florida, having been issued license number CC C057583, which is current and active. 3. Respondent's last known address of record is 1110 Second Avenue South, Lake Worth, Florida 33460. 4. At all times material hereto, Respondent was the qualifying agent for Preventive Maintenance and Support, Sves, Inc., certificate of authority number QB9663, which is currently Null and Void. 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 November 17, 2005, Respondent, doing business as Preventive Maintenance Support Svcs, Inc., contracted with Jay Macias ("Macias") to perform a re-roof and add gutters and a reflective coating on a structure located at 513 S. Ocean Boulevard, Pompano Beach, Florida. 7, The contract price was $27,000.00 and Respondent was paid $24,650.00 in ‘checks made payable to PMS Roofing, Inc. ) 8. Respondent completed the re-roof, but has failed to install the gutters and reflective coating as required per the contract. 9. Respondent failed to obtain a permit for the project before beginning work on the job, and a permit still has not been obtained. _10. The gutters and reflective coating cannot be installed until an inspection on the roof is performed, however, an inspection cannot be performed because there is no permit. 11. To date, the project remains unfinished. COUNT I 12, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT IZ 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 15. Based on the foregoing, Respondent violated section 489.129(1)(o), Florida Statutes, 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 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_)2.__ day of foes , 2007. PC Found: May 22, 200 A . Batt 2 7 Ieffre lly Div. II: Bailey & Holloway Assistant General Counsel L Department of Business and Professional Regulation AGENCY CLERK 3 cuerK why fe Wann wn “ 1 20077 DATE, COUNSEL FOR DEPARTMENT: Jeffrey Kelly Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 JJK/ad Case No: 2006-050588

Docket for Case No: 07-004005