ge/11/ 2818 11:22 Aug 11 2010 11:35 8589219186 DEPR PAGE 3/16 FILED Oopartment af Oustass and Profeationml Requiatt AGENCY CLERK CLERK, Evette L. Proctor Date 5/14/2010 File & STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Vv. Petitioner, Case No. 2009-034841 DONALD HENRY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against DONALD HENRY, ("Respondent"), and says: practice Petitioner is the state agency charged with regulating the of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 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 Air Conditioning Contractor, in the State of Florida, having bean issued license number CAC 58536 which is in &@ current and active status. 3, Respondent's address of record is 205 W. Sybelia Dooutnent in Linnamed 1 Aug 11 2010 11:35 @a/11/201a 11:22 8589219186 DEPR PAGE @4/16 Avenue, Maitland, Florida 32751. 4. At all times material hereto, Respondent was the primary qualifying agent for Mid Town Mechanical, Inc. (‘MTM”), which has a null and void certificate of authority, OB 18656, 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. On ox about September 2, 2008, Roberto Giovannie Sevi, (“Complainant”), entered into a contract with Respondent d/b/a MIM to install an air conditioning unit and a thermostat to a residential property located at 715 W. 1** Street, Sanford, Florida 32771, 7. The contracted price was $1,770.00, of which Mt accepted payment in full. 8. Respondent commenced work on the Projects, but no permit) was obtained for the project. COUNT ONE 9, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. 10. Based on the foregoing, Respondent violated section Document i Unnamed 9 Aug 11 2010 11:35 8/11/2616 11:22 8589219186 DEPR PAGE 85/16 489,.129(1) (0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT TWO 11. Petitioner realleges and incorporates| the allegations set forth in paragraphs one through eight as though Fully set i forth herein. 12, 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, reprimand the licensee, revoke, Suspend, deny |the issuance or renewal of the certificate of registration, require financial | restitution to a consumer, impose an administrative fine not to exceed 310,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other yeliet the Board is authorized to impose pursuant to Chapter 455 and 488, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Document in Unnamed 3 @a/11/201a 11:22 8589219186 Signed this 275 PC Found 04/27/2010 Members: Bailey/Flaherty DBPR Case 2009034841 Document in Unnamed By: Aug 11 2010 11:35 DEPR PAGE day of April , 2010. CHARLIE LIEM, Intetim Secretary Department of Business and Professional Regulation Pooja §. Patel. Pooja S. Patel Assistant General Counsel Florida Bar No. 0056734 Department of Business and Professional Redulation, Office of the General Counsel 1940 N. Monroe.Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile 86/16 Aug 11 2010 11:35 @a/11/201a 11:22 8589219186 DEPR PAGE @7/16 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified xepresentative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and Prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Document in Unnamed , : 5 Aug 11 2010 11:36 PAGE 68/16 B8/11/2618 11:22 8589219186 DEPR MICHAEL FENDER ATTORNEY AT LAW 620 MAITLAND AVENUE (407) 629-1886 OFFICE ALTAMONTE SPRINGS, FL. 3270) {40718301195 FACAIMHTT FACSIMILE TRANSMITTAL SHEET Date: 06/10/2010 ATTN: Service of Process Unit PO an ES Sd eer d To: General Counsel, DBPR Fax No.: (850) 414-6749 & Re: DBPR v Donald Henry CasF No -___2009.034841 FROM: Mishael Fender NUMBER OF PAGES INGLUDING THIS PAGE, 8 ACTION. CALL ME UPON RECEIPT _. AS DISCUSSED PER YOUR REQUEST ____. URGENT PLEASE REVIEW AND CONTACT ME __.— BY FACSIMILE ONLY COMMENTS: yy) . Election of Rights with attachment. | - IMPORTANT: This message is intended solely to be used by the individual or entity to whieh tis addressed it may contain information which is privileged, confidential and otherwise axemat by law from Te Devel NSCNSS TSVHO1W S6TTAER aE BO?>bT B1G2/AT/98

Docket for Case No: 10-007431PL