Sep 23 2008 9:34 ag 23/2888 89:32 8589219186 DEPR PAGE 83/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION TI DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-038024 GERALD A. LANGDALE, D/B/A CONSUMERS CHOICE HOME IMPROVEMENTS, LLC, ‘Respondent. ' ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Fetitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GERALD A. LANGDALE, d/b/a CONSUMERS CHOICE HOME IMPROVEMENTS, LLC ("Raspondent"), 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, having been issued license number CG C026761, which is currently current and active. GAOGOARDC\ACS\angdale 2007-038024,dor 1 Sep 23 2008 9:35 9/23/2088 89:32 8589219186 DEPR PAGE 84/18 3. Respondent's addresses of record are 15176 U.S. 19, Clearwater, Florida 33764, and 2431 Canadian Way #41, Clearwater, Florida 33763. 4. At all times material hereto, Respondent was the qualifying agent for Consumers Choice Home Improvements, LLC (“Consumers Choice”), which has been issued license number OB 19187, which is currentiy null and void, having expired on August 31, 2003. 5. Section 489.1195(1) (a), Plorida 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 July 25, 2003, Jim Tulius (“Complainant”) contracted with Respondent and/or Consumers Choice Home Improvements, LLC (Consumer's Choice) to replace windows and build a knee wall at Complainant’s property located at 124 Sanctuary Drive, Crystal Beach, Florida 34681. 7. The total amount of “the contract, including change order (5) was approximately $17,552.00, ef which amount Complainant paid approximately $16,852.00. 8. Respondent failed to include in said contract a written statement explaining the consumer’s rights wnder the GAQGCEDC\A Cstlanedale 2007-038024.doc Sep 23 2008 9:35 ag 23/2888 89:32 8589219186 DEPR PAGE 45/18 Florida Homeowners’ Construction Recovery Pund. 9. On or about September 3, 2003, Respondent caused work on the project to be commenced, and construction continued until Respondent abandoned the project. 10. At the time Respondent abandoned the project, said project had not passed a final inspection. il. At no time material hereto did Respondent have workers’ compensation insurance coverage or an active construction exemption. 12. On or about August 19, 2004, a third-party inspection revealed that Respondent’s work was the cause of water intrusion and damage to Complainant’s property. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Section 489,1425(1), Florida Statutes, requires 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 recovery fund, except where the value of all.labor and materials doas not exceed $2,500.00. 15. Based on the foregoing, the Respondent violated Section 489,129(1) (i), Florida Statutes, by failing in any GAOGCKDC\ACa\langdale 2007-038024.doe 3 Sep 23 2008 9:35 9/23/2088 89:32 8589219186 DEPR PAGE 86/18 material respect to comply with the provisions of Chapter 489, Part JI, Florida Statutes, by violating Section 489,1425(1), Florida Statutes. COUNT | TWO 16. Patitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fuily set forth herein. . 17. Seetion 489.119(2), Florida Statutes, provides in part that a certificate of authority must be renewed every 2 years. 18. Based on the foregoing, the Respondent violated Section 499.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating Section 489.119(2), Florida Statutes. COUNT THREE 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 20. Section 489.114, Florida Statutes, states that any person, business organization, or qualifying agent engaged in the business of contracting in this staté and certified or registered under this part shall, as a condition precedent to the issuance or renewal of a certificate, registration, or certificate of authority of the contractor, provide to the GAOGOKDC\ACs\langdale 2007-038024,.doe ‘ 4 Sep 23 2008 9:35 9/23/2088 89:32 8589219186 DEPR PAGE 87/18 Construction Industry Licensing Board, as provided by board cule, evidence of workers' compensation coverage pursuant to chapter 440, Florida Statutes. 21. 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 Chapter 489, Part I, Florida Statutes, by violating section 489.114, Florida Statutes. COUNT FOUR 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(f), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration in a name other than the name of the certificateholder or registrant as set forth on the issued certificate or registration. ) COUNT FIVE 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as GAOGCIEDC\ACs\langdale 2007-038024.doc 5 Sep 23 2008 9:35 ag 23/2888 89:32 8589219186 DEPR PAGE 88/18 a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT SIX 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 27. Based upon the foregoing, the Respondent violated Section 489.129(1) (0), Florida Statutes, by proceeding on any Sob without first obtaining applicable local building permits and inspections. . , COUNT SEVEN 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 29. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement 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, GAOGCARDC\A Ca\langdale 2007-038024.doe ag 23/2888 89:32 8589219186 DEPR Sep 28 2008 988 a PAGE 89/14 reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to 4 consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with ifvestigation | 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 28 cay of , 2008. ae ia Kyle Davi Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and’. Professional Reguiation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone y oa (850) 921-9186 Facsimile PC Found: May 27, 2008 Div. I: Clark & Bonugo GAOGCKDC\ACNangdale 2007-038024.doc

Docket for Case No: 08-004754