85/19/2887 69:29 8589219186 DBPR O77. UDOo PL STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD . DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2004-016810 vs. KENNETH EUGENE TEAGUE, Respondent. / ADMINISTRATIVE COMELAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KENNETH EUGENE TEAGUE ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contract ing 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 Air Conditioning Contractor, in the State of Florida, having been issued license number CA C0463: - 3. Respondent's address of record is 2323 S.E. 10th Avenue, Cape Coral, Flonda 33990. 4. At all times material hereto, Respondent was licensed as the qualifying agent for EXHIBIT“ 9/19/2887 @9:29 8589219186 DBPR Teague’s American Air Conditioning Corporation (hereinafter referred to as “Contractor oa Florida corporation with no qualified business organization certificate of authonty 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. The Contractor failed to obtain a qualified business organization certificate of authority as required by Section 489. 119(2), Florida Statutes, despite having been issued a neice of non-compliance by the Petitioner on or about February 9, 2004, 7. In the year 2003 Corine Schuster (hereinafter referred to as Schuster”) reside. at 900 Grant Lane, Lehigh Acres, Florida. In that year the roof of Schuster’s residence was leak ii. and around August 2003 Schuster contracted with roofing contractor Skybright Skylights of + Ww FL Inc. (“Skybright”) to re-roof Schuster’s residence. Because she believed that the lealang «a5 associated with her roof-mounted air conditioning equipment, Schuster also wanted to move !: © equipment from the roof of her house to the ground next to her house. 8. Skybright referred Schuster to the Contractor to move the air conditioning equipment, following which Schuster contacted the Contractor about doing the work and coordinating it with Skybright. Thereafter, on or about September 17, 2003, the Contractor removed the air conditioning equipment from the roof and installed it on cinder blocks on the se of Schuster’s house. Schuster told the Contractor that she did not want any holes made in het roof, however the Contractor insisted that certain ductwork would have to penetrate the roof, id thereafter the Contractor proceeded to install two ducts through the same opening in the root mm VER Lo 2UUF te at 69/19/2887 9:29 8589219196 DBFR where the air conditioning equipment had been. The Contractor invoiced Schuster Nine Hund: Ninety Five dollars ($995.00), and Schuster paid the Contractor that amount. 9. On or about September 18, 2003, Skybright commenced the re-roofing work Skybright disconnected the air ducts penetrating the roof, closed the opening in the roof wher: the air conditioning equipment had been, and on or about September 25, 2003 completed the 1: roofing project and obtained a passing final inspection for its work from the Lee County buildin , department. 10, Sometime around late November 2003 the Contractor had Skybright reopen Schuster’s roof so that the Contractor could reconnect the ducts. After Skybright reopened the _Yoof, the Contractor reconnected the ducts and began the installation of a metal covering for th air ducts, The Contractor completed most of the installation but did not install a metal cover us « a section of the ductwork where the air ducts penetrated the roof. The Contractor placed a tar over that section and advised Schuster that the Contractor would return in about three to four weeks to complete the installation. Thereafter, and without just cause and notice to Schuster, +: Contractor failed to perform further work, thereby abandoning the project, and the tarp eventue:: failed to prevent water intrusion through the.opening in the roof, resulting in extensive interior damage to Schuster’s residence. . 11. The Contractor. failed to apply for a building permit before performing its work This constituted a violation of a Lee County ordinance, and on or about April 20, 2004 a Lee County code enforcement officer issued the Respondent a citation, for which the Respondent subsequently paid a One Hundred dollar ($100.00) fine. On or about April 19, 2004 the Contractor applied for a building permit, and on or about Apnil 19, 2004, building permit numb: = fa VORP 15 LANE arn @9/19/2867 69:29 85092191986 DBPR MEC2004-01276 was issued. The building permit subsequently expired, without a passing fin. inspection or other inspection. COUNTY 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. . 13. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to Enger. in contracting as a business organization, including any partnership, corporation, business trust other legal entity, or in any name other than the applicant’s legal name or a fictitious name whe: the applicant is doing business as a sole proprietorship, the business organization must applv fo: certificate of authority through a qualifying agent and under the fictitious name, if any. 14. . Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Flory. Statutes (2002), 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 TD ‘45, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IT. 16. Based upon the foregoing, the Respondent violated Section 489. 129(1)(0), Flan: Statutes (2002), by proceeding on any job without obtaining applicable local building deparime: : Permits and inspections. COUNT 1 17. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IT. " a if . Sep 19 200° = 9:a4r. 89/19/2607 43:29 8589219166 DBPR 18. Based upon the foregoing, the Respondent violated Section 489. 129(1)(j). Fle:ida Statutes (2002), by abandoning a construction project in which the contractor is engaged or i. des contract as a contractor. A project may be presumed abandoned after 90 days if the contract: terminates the project without just cause or without proper notification to the owner, includii:. the reason for termination, or fails to perform work without just cause for 90 consecutive day . COUNT IV. 19, Petitioner realleges and incorporates the allegations set forth in paragraphs on: through eleven as though fully set forth in this Count IV. 20. Based upon the foregoing, the Respondent violated Section 489 129(1)(m), Florida Statutes (2002), by committing incompetency or misconduct in the practice of contracting. ' WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprigiand 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 alin day of Jona; __, 2006. Department of Business and ~ Professional Regulation THEODORE R GAY AGENC NCY CLERK ASSISTANT GENERAL COUNSEL 5 CLERKS; wh L, wn 1-5-2066 69/19/2007 9:29 8509219186 DBPR COUNSEL FOR DEPARTMENT: Theodore R, Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext, 2225 TRG/ Case #2004-016810 Pc FOUND; JUNE 27, 2004 Division 11: Weller 8 Clark Sep 19 2007 9:47 -

Docket for Case No: 07-004300PL