Jul 2 2009 19:32 PAGE 83/89 A7/82/2809 19:25 8509219186 DEPR 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)-063286 Vv. SHANE KEVIN CLEMENT, D/B/A Atlantic Coast Restoration, Ine. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT oF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against SHANE KEVIN CLEMENT, (“Respondent”), and says: 1.’ Petitioner is the state agency charged with regulating the practice of contracting pursuant te 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 CGC 1509361 that is current and active. GAOGC\Fortunas\New Format Admin. Complaints\Shane Clement, 489.129(1)(d) Case# 2007-063286.doe Jul 2 2009 19:32 GE 84/a9 a7/e2/2889 19:25 8589219186 DEPR Pa 3. Respondent's last known address of record is 4126 Leeward Point, Jacksonville, Florida 32225, 4, On or about March 23, 2007, Linda Ricker, (“Ricker”) homeowner contracted with an unlicensed contractor Gerald Howard, (“Howard”) to remodel a residence located at 5560 Potomac Ave., Jacksonville, Florida. 2D. Respondent was paid $800.00, by Howard to obtain a permit for the Ricker remodeling project. 6. On or about May 23, 2007, Respondent applied for a permit for the Ricker remodeling projeat. 7. On or about May 26, 2007, Respondent was issued a permit for the Ricker remodeling project. 8. At all times material hereto, Howard was not licensed to perform contracting by the State of Florida. 9. At all times material hereto, Respondent knew or reasonably should have known, Howard was uncertified and unregistered to perform the services of a contractor, 10. Section 489.129(1) (d)prohibits 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 knew that the person or entity was uncertified and unregistered. GAOGC\Fortunas\New Format Admin. Complaints\Shanc Clement, 489, 129{))(d) Case 2007-063286,doc Jul 2 2009 19:32 ; PAGE 85/89 a7/a@2/20e9 19:25 8589219186 DEPR COUNT ONE 11. Petitioner realleges and incorporates Paragraphs 1 through 10 aa though fully set forth herein, 12. Based on the foregoing, Respondent violated Section 489.129(1) (d), Florida Statutes, cited in Part, by “Perforoming any act which assists a person or entity in the Prohibited and uncertified and unregistered practice of contracting...” COUNT TWO 13. Petitioner Trealleges and incorporates Paragraphs 1 through 10 as though fully set forth herein. 14. Based -on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes by ‘Committing incompetency or misconduct in the practice of contracting.” WHEREFORE, Petitioner respactfully 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, reguire continuing education, a8ses8 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 GAOGC\Fortunas\New Format Admin, Complaints\Shane Clement, 429. 129(1)(d) Casc# 2007-063286.doc Jul 2 2009 19:32 os PAGE 6/8 f/@2/2689 19:25 8589219186 DEPR — Board is authorized to impose Pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. ph Signed this i& day of A quik , 2008, PC Found: August 26, 2008 , aa Div. I: Bonuso & Thornton es Fortunas Fl. Bar No. 21635 Assistant General Counsel Department of Business and Professional Regulation t LV} ea Office of the Genera] Counsel \ agent 1940 N. Monroe Street, Ste. \ eK 42 Tallahassee, FL 32399-2299 eustceuct (850) 488-0062 Telephone ix (850) 921-9186 Facsimile GAOGC\Fortunas\New Format Admin. Complaints\Shane Clement, 489.129(1)(d) Caseil 2007-063286.do0

Docket for Case No: 09-003552