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STA'I'E: OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD

DIVISION II

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. case No. 2009-033769

GREGORY SCOTT MORRIS

D/B/A (contract) ACCUTEC!-J AIR CONDITIONING & HEATING D/B/A (new) AIR SUPPLY HEATING & COOLING INC

Respondent.

/

ADMINISTAATIVE COMPLAINT

Petitioner, DEPM'tMENT OF BUSINESS AND PROFESSIONAL

REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GREGORY SCOTT MORRIS, ("Respondent"), 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 Air Conditioning Contractor in the State of li'lorida, having been issued license nunlber CAC 057808, which is at present time in a "current, active• status.

   
   

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3. Respondent's last known address of record is 4441 Rachael Drive Sebring, florida 33872.

4. At all times material hereto, Respondent was doing busin@ss as Accutech Air Conditioning & Heating, ("Accutech") which was appropriately qualified, receiving s certificate of authority snd license QB10884, which is at present time l.n a "null & void" status.

5. Respondent is currently doing business as Air Supply Heating & Cool:i,ng Inc. ("Air Supply"), which hss b@@n appropriately qualified, rec@iving a certificate of authority and license QB65519 expiring on August 31, 2011.

6. At all times n terial hereto, Respondent was the qualifying agent for Accutech when the contract was signed.

7. 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.

8. On or about May 4, 2005, Respondent, doing business as Accutech, entered into a contract with George Barrett,

   •Barrett", to install a 4-ton, I4 seers aic handler with a heat

   pump at his home located at 1704 Amber Lane Lake Placid, FL

   
   

   33852.

   
   

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9. The contract price was i;ll, 799, which Barrett paid in full to Respondent.

10. Respondent failed to apply for a permit for the above listed project.

11. Respondent proceeded on the above listed project without obtaining the applicable permits.

12. Respondent failed to obtain an inspection after the work was completed.

13. Respondent did not provide the properly sized air handler for Barrett's home, .A 6 seer air handler was installed by Respondent rather than the 14 seer air handler as specified·

    i.n the con.tract.

    
    

14. The air handler unit installed by Respondent was not compatible with the home's heat pump compressor and functioned improperly- as a· result.

15. Respondent failed to refund any amount of monies paid by Barrett.

16. On or about October 1, 2009, Barrett hired a different company to install. a new sys.tern that fit properly ,. a·f.ter receiving no fur±her..response from Respondent.

    17, Barrett did not waive in writing the 30-day period in which Respondent was to appl¥ for a work per:mit, nor did he waive in writing the 90-day period in which Respondent was to commence work pursuant to Sec. $489.126(2), Florida Statutes.

    
    

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    COUNT ONE

17. P@titioner re-alleges and incorporates the allegations set forth in paragraphs 1 through l 7 as though fully set forth herein.

18. Section 489.126 (2) (a), Florid;;, Statutes, states that a contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where there the work does not require a permit under the applicable codes and ordinances.

19. 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 Chapter 489, Part I1 FlorJ_da Statutes, or violating a rule or lawful order of the board, by having violated Section 489.126(2), Florida statutes.

    
    

    
    

    COUNT TWO

20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein.

21. Eased on the foregoing, Respondent violated Section

    
    

    489.129(1)(0), Florida Statute:;;, by proceeding on any job

    
    

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    without obtaining applicable;, local building department permits and inspections.

    COUNT THREE

22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs l through 16 as though fully set forth herein.

23. Based on the foregoing, Respondent violated section 489 .129 (1)(m), Florida statutes, by comm;i.tting incompetency or misconduct in the pract:i.ce 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.

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NO'!'ICE 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 representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecUlll issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, pro1rides 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 hear;ing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF' COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the inves igation 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.

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Signed this 28th day of September, 2010,

CHARLES LIEM, Secretary Department of Business and

Professional Regulation

By;       sorin Jl.raelean                    

Sorin Ardelean

Assistant General counsel Florida Bar No: 734853 Department of Business and Professional Regulation Office of the General Counsel

1940 North Monroe Street, Suite 42

Tallahassee, Florida 32399-2202

(850) 488-0062 Telephone

(850) 921-9186 Facsimile

PC Found 09/28/2010 Members: Lenois/Weller

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Docket for Case No: 10-010478