Apartment of Buen snd Profoaseual Regulation AGENCY CLERK CLERK Sarah Wachman Bete 3749/2009 Fila # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v, Case No, 2007-032448 RICHARD J. FREYSER, JR., D/B/A T.T.F, CONSTRUCTION, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RICHARD J. FREYSER, JR., ("Respondent"), and says: i. 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 Building Contractor in the State of Florida, having been issued license number CB C57845, 3. Respondent's last known addresses of record are P.O. Box 17, Astatula, Florida 34705; and 12610 Sugarwood Lane, Clermont, Florida 34711, GAQGEATIffany Martington\ACs\Richard Freyser, Jr, 2007-032448 (d)(m)\AC.doc 1 48/68 Jovd dad 98TbTcbese BE+9T Tae /8e/98 BF:9T Ode se Unt 4, On or about June 21, 2006, Clermont Creative Concepts, LLC (“CCC”) entered into & contract with Sharon Price ("Complainant") for the construction and decorative stamping of a concrete slab and retaining wall located at 45 Sunnyside Drive, Clermont, Florida. 5. The total contract price was $10,737.00, of which ccc accepted $7,869.50, 6. On or about July 20, 2006, Respondent obtained a Lake County Building Department permit for the project mentioned in Paragraph four. 7. At no time material hereto was CCC licensed, registered, or otherwise qualified to practice contracting in the State of Florida. 8, Respondent knew or had reasonable grounds to know that CCC was neither licensed nor registered to practice contracting in the State of Florida, COUNT ONE 9. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 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 Jloeeal construction regulation board to do contracting, may not apply for or obtain a building permit for GAOGC\Tiffany Harrington\ACs\Richard Freyser, Jr. 2007-032448 (d)(m)\AC.doc 2 é@/E8 Jovd dad 98TbTcbese BE+9T Tae /8e/98 og:9T ode Be Unt 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) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating & rule or lawful order of the board, by having violated Section 489.127(4)(c), Florida Statutes. COUNT TWO 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. _ GAOGC\Tiffany Harrington\AaCs\Richard Freyser, Jr. 2007-032448 (d)(m)\AC.doe 3 éG/Pa Fovd aad 98T6 126893 SE:9T alaz/8z2/98 og:9T ode Be Unt COUNT THREE 14, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. a 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. GAOGC(Titfany Harrington\ACs\Richard Freyser, Jr, 2007-032448 (d)(m)\AC.doe 4 4@/SA J5%d dad 98TbTcbese BE+9T Tae /8e/98 og:9T ode Be Unt Found: January 2 Bh onl Hussey/Sheehan Divisi Signed this Jot, day of 7, 2009 , 2009, Assistant General Counsel Florida Bar No. 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (630) 488-0062 Telephone (850) 921-9186 Facsimile GAOGC\Tiffany Harringlon\ACs\Richard Freyser, Jr. 2007-032448 (d)(m)\AC.doc 48/98 Sod oo:9T Ode se Unc dad 98TbTcbese BE oT Tad /o2 /9e

Docket for Case No: 10-004188