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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs RICHARD A. KOVACSIK, D/B/A CORINTHIAN BUILDERS, INC., 08-005819 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005819 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: RICHARD A. KOVACSIK, D/B/A CORINTHIAN BUILDERS, INC.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Nov. 19, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 23, 2008.

Latest Update: Nov. 15, 2024
Now 19 2008 16:05 11/19/2688 17:65 8589219186 DEPR PAGE 83/ 18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-011672 v. RICHARD A. KOVACSIE, d/b/a Corinthian Builders, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RICHARD A. KOVACSIK, ("Respondent"), and says: 1. Petitioner is the staté 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 in the State of Florida, having been issued license number CG C58246. 3. Respondent's last known addresses of record are 209 A West 1* Street, Sanford, Florida 32771; and P.O. Box 950850, Lake Mary, Florida 32795. 4: On or about August 13, 2005, John Shrewsbury (“Shrewsbury”) d/b/a C.W. Shrewsbury, Co., (“CWS”) entered into a contract with Kent Hoffman ("Hoffman") to construct a boat dock Jocated in Chuluota, Florida, Now 19 2008 16: 11/19/2888 17:85 8589219186 DEPR ia PAGE ad/1a 5. The total contract price was $31,200.00, of which Hoffman paid CWS a total of $6,850.00 toward the project. 6. On or about August 26, 2005, Respondent, d/b/a Corinthian Builders, Inc., applied for and obtained a Seminole County residential permit for the project. 7. At no time material hereto was CWS licensed, registered, ot otherwise qualified to practice contracting in the State of Florida. 8. Respondent knew or had reasonable grounds to know that CWS was neither ljcensed nor registered to practice contracting in the State of Florida. COUNTI 9, Petitioner realleges and incorporates the allegations set forth in paragraphs | through 8 as though fully set forth herein. 10. Section 489.127(4)(c), Florida Statutes, provides in part that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 11, ‘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 arule or lawful order of the board, by having violated Section 489,127(4)(c), Florida Statutes. Now 19 2008 16:05 11/19/2688 17:65 8589219186 DEPR PAGE 85/18 COUNT 12. - Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 13, Based on the foregoing, 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 certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT Tit 14, Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 8 as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence 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, 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 $10,000 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. 11/19/2888 17:85 8589219186 Now 19 2008 16:06 DEPR PAGE a6/1a Signed this 6% ayot Le 2008. PC Found: February 26, 2008 Div. L: Kalmanson & Clark iffany A. Ha ington Assistant General Counsel COUNSEL FOR DEPARTMENT: Tiffany A. Harrington F | L Assistant General Counse] Department of Business and Professional Regulation FBN 26202 AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe:Street, Ste. 42 CLERK Su woh Z. Les Tallahassee, FL 32399-2202 oate 3” 20"2.008 Case # 2007-011672

Docket for Case No: 08-005819
Source:  Florida - Division of Administrative Hearings

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