FILED Department of Busitiess and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL RECULAT] xe s/a/9015 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-052112 KEVIN T. SMITH, Respondent . / ADMINISTRATIVE COMPLAINT The Department of. Business .and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against Kevin T. Smith (“Respondent”), and alleges: 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. At all times material hereto, Respondent was licensed as .a. Certified Plumbing Contractor in the State of Florida, having been issued license number CFC 027524. 3. Respondent's address of record is 3999 W. 1st Street, Sanford, FL 32771. 4, At all times material hereto, Respondent was .the primary qualifying agent of Advanced Pool Heating, ‘Inc., d/b/a State Energy Conservation (“State Energy”). 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 ail 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 or about June 3 2014, Respondent and/or State Energy entered into. a written contract with Adelard 'E. Charron (*complainant”) for installation of. a solar ‘water heater, a standard water heater, and a solar pool pump at Complainant's properties. 7. Complainant’s properties are located at 5995 NW 193rda Street, Micanopy, FL 32667-7691, and 5997 NW 193rd Street, Orange Lake, FL 32681. 8. The contract price was $12,495.00. 9, Respondent and/or State Energy proceeded on the Jobs without obtaining applicable local building department permits and inspections. 10. On or about July 7, 2014, Respondent and/or State Energy submitted an application for a building permit for the work at Complainant’s property. 1i. Respondent.and/or.State Energy certified on the permit application that no work had commenced “prior to issuance of a permit. 12. The representation that no work had commenced prior to a permit being issued was untrue. 13. . On .or about July 18, 2014, Respondent and/or State Energy submitted a Notice of Commencement to Marion County building officials as part of the process of obtaining a building permit. 14. Respondent and/or State Energy represented to building officials that Complainant had signed the Notice of Commencement. 15. The representation that Complainant -had signed the Notice.of Commencement was untrue. COUNT _ONE 16..: Petitioner -realleges and incorporates by reference -the allegations set forth in paragraphs one through fifteen ‘as though fully set forth herein. 17. Section 489.129(1) (c), Florida Statutes (2013), provides for discipline against a licensee ‘for violating any ‘provision of chapter 455, Florida Statutes. 18. Based upon the foregoing, Respondent violated section 489.129(1) (c), Florida Statutes (2013), when Respondent violated section 455.227(1) (m), Florida Statutes (2013), by making deceptive, untrue, ‘or .fraudulent representations in or related to the practice of a profession, -or -employing a trick or scheme in or related to the practice of a profession. COUNT TWO 19, .-Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 20. Based upon the foregoing, Respondent violated section 489.129(1) (0), Florida Statutes (2013), by proceeding on a job without obtaining applicable local building department: permits and inspections. . WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one of 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. [SIGNATURE PAGE TO FOLLOW] Signed this 28 day of April, 2015. KEN LAWSON, Secretary Department .of Business and Professional Regulation By: WW Justin Vogel W. Justin Vogel Assistant General Counsel Florida Bar No. 112261 Department of Business and Professional Regulation Office of the General Counsel : 1940 N. Monroe Street, ‘Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1795 Telephone (850) 921-9186 Facsimile Probable Cause Found 04/28/2015 By: Lenois/Watts NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that 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 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 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the ‘Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 15-005319PL