FORMAL COMPLAINT

Victim: - Florida Home Improvement Services, Inc. S. C. Paizes (President), A Florida Corporation. State of Florida Certified Building Contractor License # CBC1251225, State of Florida Certified Roofing Contractor License # CCC1330627 and State of Florida Certified Air Conditioning Contractor License # CAC1817880. I am a multi-licensed State of Florida Certified and Licensed Contractor. I hereby file this formal complaint against the following three Sarasota County Building Department employees:

Guy McCauley – Deputy Building Official – Sarasota County Building Department.
Robert Lepley – Code Enforcement Officer - Sarasota County.
Kimberly Lineberry – Code Enforcement Officer - Sarasota County .
The three Sarasota County Government employees mentioned above representing the Sarasota County Building Department have violated Florida Statutes 112.312(3) and 112.312(8) and in fact breached public trust through unethical conduct and by creating a conflict between public duties and my corporate private interests and my rights to operate a construction and remodeling company under my State of Florida Certified licensing contracting rights. These same county employees have also violated the United States Fourth Amendment rights of one of my sub-contractors/employees; James Chitwood.

These three Sarasota County employees: Guy McCauley - Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement have Bullied, Intimidated, Threatened and Harassed me and I have been blackmailed/extorted under illegal demands and threats made by the Deputy Building Official Guy McCauley to produce my private and confidential banking records under threats of harm to my company and threats of Stop Work Orders if I did not produce the private banking information. These threats are classified as Extortion: ”Making a threat which refers to a requirement to halt future harm, is sufficient to commit the offense”. Extortion also refers to the infliction of something and in this case, the threats of Stop Work Orders if the contractor did not produce the private banking information and if the contractor (me in this case) did not comply with the orders of a public official representing the Sarasota County Building Department. Harm and injury was threatened in the form of shutting down my businesses through Stop Work Orders on all my jobs; thereby damaging my private corporation and its private interests. “Extortion is an oppressive misuse of power with which the law clothes a public officer by means of illegal compulsion also known as acting under color of office”. The victim in this case (my company and I), was forced to produce documentation demanded under the ultimatum of blackmail (To force or coerce into a particular action, statement, etc.) by Guy McCauley – Sarasota County Deputy Building Official against my will, even after I vehemently and adamantly refused. I involuntarily yielded to the official authority of a representative of the Sarasota County Building Department in reaction to Sarasota County Deputy Building Official Guy McCauley’s illegal threats and demands and Guy McCauley – Sarasota County Deputy Building Official’s forced coercion in order to avoid my company being completely shut down of all its operations in Sarasota County as threatened by the Sarasota County Deputy Building Official Guy McCauley. I objected several times and also quoted the laws to the Sarasota County Deputy Building Official Guy McCauley and stated “this is extortion; you have no right to my private banking information”.

The salient facts and chronological details of this formal complaint are contained herein.

Now and therefore; I hereby request a formal investigation and a formal hearing by and before the Sarasota County Administrator and the Sarasota County Commissioners to resolve these issues and behaviors by the Sarasota Building Department’s Code Enforcement Division and Sarasota County. I am in the process of filing formal complaints with the State of Florida Commission on Ethics, Division of Professions Building Code Administrators and Inspectors Board and the Florida Department of Business and Professional Regulation Florida Construction Licensing Board and requesting the State of Florida to also conduct an investigation as I now seek legal remedy as I have been unfairly and unjustly treated by these three Sarasota County employees. A serious abuse of power has transpired as I have been misled and have been misinformed and have been treated with extreme prejudice. My company, my work and my livelihood as well as those of my employees and subcontractors have been significantly impeded due to the incidents that took place as indicated herein.

I hereby state that I also wish to confront these three individuals that have violated my constitutional rights and these Sarasota County Government representatives who have misquoted the laws of Florida, Bullied, Intimidated, Threatened and Harassed me and made statements that are not consistent with the duties and responsibilities of an agency sworn to protect and preserve the rights of its citizens. The Deputy Building Official Guy McCauley and Robert Lepley of Code Enforcement were informed by myself immediately as mentioned herein as to what the laws are, and what is clearly stated on the Sarasota County Building Department’s web site and also to the validity of my licenses and scope of work as mandated by the Department of Business and Professional Regulation and Florida State Senate. In short, these individuals either had no idea what the laws are that they are supposedly trying to enforce, even after I informed both Robert Lepley of Code Enforcement and the Deputy Building Official Guy McCauley and also immediately emailed the laws to these individuals to my workers vehicle where the laws were immediately printed and handed to these Sarasota County Employees; yet they were still oblivious and argumentative as to what the Florida Statutes that were sent over are and what is clearly listed on their county web site, or worse yet were driven by some ill motivated; Or Guy McCauley - Deputy Building Official and Robert Lepley of Code Enforcement were motivated by an even more devious, sinister and yet to be disclosed reason, which all the evidence points to0.

I have had lengthy communications with the following agencies prior to filing this official complaint and have sought the advice and direction from these various agencies in order to inquire and to properly prepare this formal complaint:

Internal Revenue Service (IRS), regarding certain remarks and extortion demands made by Guy McCauley the Sarasota County Deputy Building Official.

Federal Bureau of Investigation (FBI), including an FBI investigator I met at the Sarasota Sheriff’s Office while picking up a Probable Cause Affidavit to be filed against two of these Sarasota County Building Department Code Enforcement employees.

Florida Department of Law Enforcement (FDLE).
State of Florida Attorney General’s Office in Tallahassee, Florida.
Sarasota County Sheriff’s Office.
Department of Business and Professional Regulation Investigators; Fort Myers and Tampa.
My Corporate Certified Public Accountant.

Bank managers at my banks: Chase Bank, Bank of the Ozarks and Bank of America.
Florida Association of Code Enforcement – Code of Ethics.
State of Florida Building Officials in other jurisdictions.
Code Enforcement Chiefs in neighboring Code Enforcement jurisdictions.
Code Enforcement Officers in neighboring counties and cities.
I have also discussed the details contained herein with my corporate attorney in Sarasota and a family member who is a prominent labor law attorney elsewhere.

The above-mentioned agencies and persons have been contacted and interviewed in order to ascertain and to prepare this formal complaint prior to filing this detailed and chronological complaint.

I am a multi licensed State of Florida contractor conducting business as a new construction and remodeling contractor. I am licensed to build homes, additions, remodeling, new roofs, air conditioning, code enforcement resolutions with stop work orders and work without permits, structural repairs and the hurricane resistant design criteria as a draftsman with load calculations for uplift loads, gravity loads, span tables and deflection, tensile loads, sheer wall protection, and other structural work. I am licensed for both residential and commercial structures through the Florida Department of Business and Professional Regulation, Construction Licensing Board. All of my three contractor licenses and certifications are current and up to date as is my liability insurance and other lawful requirements including decades of continuing education as mandated by the Department of Business and Professional Regulation in Tallahassee, Florida.

I have a college degree in Management and have attended and successfully passed various law courses in college. I have also been required to study the particular laws that pertain to my construction professions including the large Contractor Manual whose motto in the Millennium Edition is; “The Key to Individual and Business Growth in the Construction Industry is Knowledge Through Education and Training”. I have also been versed in other required publications as well as decades of continuing education since being certified by the State of Florida Department of Business and Professional Regulation, which always includes Florida Statute 489 and its sub-paragraphs.

I have worked with Code Enforcement Officials in various building departments throughout the State of Florida including Sarasota County where the namesake of my company is (“Sarasota Construction & Remodeling Co. “) and where I have done the majority of my work.

I have worked with special magistrates, special prosecutors, code enforcement officials and have resolved many issues regarding unlicensed activity and work without permits for property owners throughout the State of Florida and am quite adept at the contracting Laws of Florida and in particular Florida Statute 489 including the 2014 Florida Statutes as stated in Senate Bill # 704 (2012), s. 489.105(3)(d)-(o), which two of the accused; Deputy Building Official Guy McCauley and Robert Lepley Sarasota County Code Enforcement employees have vehemently disagreed with.

I have also been designated as a judge between various law firms as the presiding authority regarding construction problems between contractors and homeowners by evaluating the evidence and providing a binding ruling between the parties after hearing both sides of the legal arguments and corresponding documentation.

I have been registered to work as a State Licensed Contractor in Sarasota County for quite some time and have also been an authorized agent through my previous business partner in another construction company where I was a 50% shareholder/owner in the 1990’s and an authorized agent with my business partner whose State of Florida Certified Building Contractor license was registered in Sarasota County. I have worked with Sarasota County Building Department for over two decades when Chuck Raml was the plans examiner and many others. I even called the Building Official Kathy Croteau several months back and made a compliment how working with Sarasota County Building Department was such a joy to work with and how professional the office staff are including Brad and the others at the front office, Steve Bell and many other building inspectors as well as the plans examiners; from Mark Czerwinski, to Richard Baron, Gary Wile, Mark Suffoletto, Joe Pozzi and Henry Tejeda, who have all painstakingly gone out of their way to meet with me and clarify any and all of my questions in a very professional and extremely courteous manner.

I graduated High School in New York and also have a college degree, where, post high school I graduated and studied Management I & II, Business Law I & II, Administration, Customer Psychology, Economics, Accounting, Communication in English, Afrikaans Kominikasi, Zulu, French I, German I, Customer Relations, Personnel Management, and many other subjects in South Africa at the Technikon Witwatersrand University, which is now Johannesburg University under various Professors and Dr. Mornay who eventually became the Dean.

Although I am South African born; I am a United States of America Citizen and carry a valid United States of America passport. I can also produce my U.S. citizenship papers to those that doubt I am a legitimate citizen of the United States of America; I am in fact a legitimate United States of America Citizen.

My father in South Africa always taught me to never buck the system and to never go against the government, and to always treat government officials with courtesy. When I lived in South Africa during Apartheid and when I have been stopped by the SAP (South African Police) or South African Defense Forces, or even here in Sarasota by Sheriff’s Deputies, I have always tried to be very respectful and courteous for favorable outcomes, be it a possible traffic ticket or a demand/request for my South African “Book of Life” document papers as it was called in South Africa. I have followed this same philosophy here in the United States of America and it has served me well until now.

My father always said; once you go against a government agency you will have a huge target on your back. I recently explained the situation to my father in South Africa with these three Sarasota County Employees including the Deputy Building Official Guy McCauley, Robert Lepley and Kimberley Lineberry. My father recently advised me and stated; in this case it’s obvious, you have no choice, they have it out for you and they will find ways to make your life a living hell and if you have to shut the business down because of them, so be it, however, you have to apply every legal means to resolve these issues and if you don’t they will never stop, so do what you must my boy, I’m always here for you.

I, the licensed contractor and my worker James Chitwood have been unfairly targeted and treated in a very demoralizing manner and with extreme prejudice in an unjust manner by these three Sarasota County Employees; Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement by their behaviors and treatment both collectively and individually and my constitutional rights, my rights as a State Certified and Licensed Contractor and my rights as a legitimate citizen of the United States of America have been violated and a formal investigation and hearing is hereby requested and warranted.

These three Sarasota County Employees: Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement who visited my jobs sites one after another and then finally swarmed on my one job site have mistreated me, made false accusations against me, slandered my name and also misquoted the Florida Statutes and the laws as clearly stated on the Sarasota County Building Department’s web site and obviously created their own set of laws in the field that defy explanation. I have been slandered; my name and private business has been damaged for their own personal and/or political purposes. My subcontractors have also been adversely affected and a serious injustice has taken place. Unfortunately many of my subcontractors have refused to continue working with me due to the actions of Sarasota County Code Enforcement and the subcontractor’s fears of being targeted by being associated with me. A financial hardship has been created by Guy McCauley – Deputy Building Official, Robert Lepley and Kimberly Lineberry of Code Enforcement, leaving my business in shambles and made the future success of my company quite bleak due to this blatant disregard for the Code of Conduct as detailed in the Sarasota Code of Conduct training manual, the Florida Statutes and James Chitwood and my Constitutional rights including those of the Fourth Amendment were violated.

CHRONOLOGY OF EVENTS AND FACTS:

On February 16, 2017 one of my workers/subcontractors; James Chitwood stated that an individual called him on his cellular telephone who did not clearly identify himself and began to interrogate him quite severely regarding one of my job sites at Old Branch Road Sarasota. I asked James Chitwood; who it was that called him. James Chitwood stated; he did not know. I asked if his name was Guy McCauley or someone from the County. James Chitwood said; I am not sure who it was. I asked what he was asked and James Chitwood said; he was interrogated as to who did the Air conditioning work and who did the electrical work at the job site at Old Branch Road and other questions. I told James Chitwood I would make some calls and see if I can figure out who it was.

I called Guy McCauley – Deputy Building Official and inquired if he had spoken with one of my employees and Guy McCauley stated yes. I said; how could I help you. Guy McCauley asked who did the electrical work, I told him the electrician. Guy McCauley then said; you don’t have a license to do electrical work, did you do anything to the electrical. I replied yes. I stated that I chipped the filled cells where the electrical boxes recess into. Guy McCauley stated, you cannot do anything to the electrical system since you do not have an electrical license. I stated; I disagree. Those structural walls are my responsibility and not the electricians. Block walls, framed walls, filled cells on the structural walls for the electrical boxes to recess into are done by me chipping the necessary depth for electrical boxes since electricians in the past have destroyed the structural integrity of my walls.

I then explained that I also secured the furring strips, bottom and top horizontals and also the verticals. I explained again that I do not allow electricians to drill and chip into my structural block walls due to damage to my load bearing walls and that the structural envelope is the duty and responsibility of the builder and not the electrician.

Guy McCauley - Deputy Building Official then asked; Who did the Air Conditioning work; I said; I did it personally while on the job with a helper. Guy McCauley said; you don’t have an AC license, I said; I most certainly do. Guy McCauley said; no you don’t. I said; call your office and speak with Jenna in licensing and you can see, or go online and check at the State’s web site. Guy McCauley said; you don’t have one. I said; seriously? This is public information, look it up on myfloridalicense.com and you are in Code Enforcement and you don’t know how to look it up, you’ve gotta be kidding me? Call your office and you will see I indeed have an AC license along with two other licenses.

The next day on Friday February 17, 2017; James Chitwood (same individual interrogated by Guy McCauley) was sitting in his vehicle facing south in the driveway at 4728 Acorn Circle Sarasota, Florida with his dash-cam on and the homeowner’s surveillance security system facing the same way talking with me on the phone. James Chitwood also has a phone app called Call Recorder that records all phone calls. I was giving James Chitwood advice regarding his recent cold/flu illness and giving him advice to go home and get rest and to drink plenty of fluids. I also advised James Chitwood to get some Gatorade, DayQuil and NyQuil and to be careful with the dosage. At approximately 10:36 am EST, while I was on the phone with James Chitwood who was preparing to drive off, a vehicle pulled in front of him and blocked him in as he was leaving. James Chitwood said; to me on the phone; someone just pulled right in front of me and I can’t leave, I said; Who is it, James Chitwood said; I don’t know. I asked; does it have a company logo on the vehicle, James Chitwood said; no, nothing. I said; then go see who it is and what they want, I’ll stay on the phone with you.

James Chitwood then exited his vehicle to inquire with the driver of the vehicle while still on the phone with me. The driver (a male voice) asked; are you James Chitwood in an aggressive tone. James Chitwood replied; yes. This same person, then exclaimed; Gimme your drivers license! I’m writing you a citation. James Chitwood said; I don’t even know you, the male then stated again; Gimme your drivers license! I’m writing you a citation. James Chitwood replied; I still don’t know who you are and I don’t feel comfortable giving you my license. Then the person said; to someone else sitting in the passenger seat of the vehicle, did you hear that, did you hear that? And this male individual then exclaimed; Then I’m issuing you a stop work order. James Chitwood said; Who are you? The individual said; I’m with the County. James Chitwood said; I still have no idea who you are. James Chitwood then said to me; I have no idea who these people are, this is scary. I told James Chitwood; Then just leave. James Chitwood said; I can’t leave they have me blocked in. I said; Drive your truck around them. James Chitwood replied; I can’t there is nowhere to go, the trailer is to my right and the minivan is on the left and also the SUV. I told James Chitwood; put this guy on the phone. James Chitwood said; No, he’ll steal my phone. I said; Put him on the phone and if he steals your phone I’ll buy you another one. Take a step back and be careful. James Chitwood said; I think he’s here to hurt me and now there’s another vehicle that just pulled up. I said; Who is it. James Chitwood said; I have no idea, but he also has me blocked in. James Chitwood said; call 911 for me, this is F*&%ed up. I said; Just put him on the phone.

The phone was handed to the unidentified male. I asked; who is this; The male voice said; Bob. I said; Bob who? He said; Bob Lepley. I said; Oh, hi Bob what can I do for you? Robert Lepley (Code Enforcement Official of Sarasota County) said; I’m shutting you down for hiring unlicensed subcontractors and issuing Stop Work Orders and citations. I said; seriously? We’ve done nothing wrong. Robert Lepley asked in a demanding tone; Does this guy work for you? I said; Yes. Robert Lepley asked; is this guy your employee or a subcontractor. I said; both. Robert Lepley replied; this guy doesn’t have workers comp. I said; he has his own waiver. Robert Lepley said; he is not covered under your worker’s comp and he has to be. I said; Bob, you’re wrong. Robert Lepley then said; I’m stopping all work and issuing citations. I said; seriously Bob? What is this all about? Robert Lepley said; you have been breaking the law and we’re shutting you down. I replied; you can’t be serious, I’ve done nothing wrong. Robert Lepley said; I am very serious and we’re here to put a stop to it. You have unlicensed people working on your job. I said; No I don’t they are covered under my Scope of Work per the Florida Statute. Robert Lepley said; They have to be employed directly by you. I said; He is in the capacity of a subcontractor. Robert Lepley said; You can’t hire unlicensed subcontractors to work for you, you have to have direct employees or they have to have their own contractors license. I said; Bob you are dead wrong. Robert Lepley then got more aggressive and said; NO! Loudly and aggressively; They must have a workers comp policy covered by you and be your direct employee. I said; Bob, really? You are wrong, that’s not what the Florida Statute reads and you should know better than this.

I then replied; this guy James is a subcontractor and he has his own workers comp exemption. Robert Lepley said; NO HE DOES NOT! I said; Bob, this is easy to ascertain, look it up on the State database. Robert Lepley said; I did and you do not have workers comp for him. I said; seriously, what the hell is going on Bob, this makes no sense, the Florida Statutes are clear and easy to understand, this guy works for me as a subcontractor. Robert Lepley said; Yeah but you pay him directly. I said; It’s none of your business how I pay him. He has a legitimate corporation and he has a valid worker’s compensation exemption. Robert Lepley said; “He has to be a direct employee of yours and not an unlicensed subcontractor. I said; Bob, Bob, you’re wrong; I have the statute right here. Robert Lepley said; Well, I’m issuing a Stop Work Order and a citation to him. I said; You have no right and you are wrong, wrong, wrong. By this time I pull the statute out of the folder I have in my office and read it to Robert Lepley as follows:

Bob, here is the Florida Statute; Per the 2014 Florida Statutes and as stated in the Florida Senate Bill # 704 (2012): (2) A person must be certified or registered in order to engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervising contractor’s license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o).
Robert Lepley says; I don’t care what it says, I’m stopping all work and shutting you down! I said; holy shit, are you serious, I can’t believe you’re doing this; again you are wrong, dead wrong. I say; the law is also on the county web site, plain for everyone to see. Robert Lepley says; what you’re saying is wrong. I say; holy crap, I’m on the county web site right now and its right here in black and white, and you don’t know this? Robert Lepley says; I don’t care what it says, you’re breaking the law. I say; No I’m not, you are wrong!

I then say; Let’s meet now, I’ll bring the statute and documents and we can sort this out. Robert Lepley asks someone something (I could not hear), and then says he can’t meet today, we’re shutting you down and you can come to the office next week on Tuesday. I say; I cannot afford to be out of business, we need to handle this now, I can meet you anywhere you want and I am willing to meet now. Robert Lepley says; NO! We’re shutting you down issuing you Stop Work Orders and a citation to this guy James and you can come in Tuesday. I say; No, this is bullshit, and you can’t do this.

Robert Lepley says; Here’s my boss speak with him. Then another male person gets on the phone. I ask; who is this, he says Guy, I say; Guy McCauley? He says yes. I say; and you’re there too? What the hell is going on?

Guy McCauley – Sarasota County Deputy Building Official: You have unlicensed workers and we’re shutting you down and issuing Stop Work Orders and James is getting a citation. I say for what? Guy McCauley (Deputy Building Official) says; Everyone working on your job has to have their own contractor license. I say: You’re wrong!

Guy McCauley: This employee works for you and is not covered under workers compensation.

I say: He is a legitimate subcontractor and has his own workers compensation exemption.

Guy McCauley: You can’t hire unlicensed subcontractors; he has to have his own workers compensation policy.

I say: Guy you are wrong.

Guy McCauley: He has to have his own contractor’s license and cannot work under yours.

I say: Yes I can and the Florida Statutes are very clear and concise in this matter, I know the statute and have it right here and I‘ll read it to you. And as such I dictate the Florida Statute as listed below:

Per the 2014 Florida Statutes and as stated in the Florida Senate Bill # 704 (2012): (2) A person must be certified or registered in order to engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervising contractor’s license, the supervising contractor is responsible for the work, and the subcontractor being supervised is not engaged in construction work that would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o).
Guy McCauley: He has been doing work that requires him to have his own contractor’s license. I say; no he has not, he is working under the scope of my license and only doing work that I am licensed to do. Guy McCauley: You pay him directly. I say; how I pay him is none of your business. Guy McCauley: Then we’re shutting you down. I then say: I don’t think my banking information is any of your business and I don’t think a judge would even give you a subpoena for my private and confidential banking records. I then say; Guy, the law is listed on the county web site, your web site, plain for everyone to see and advertised right there. Guy McCauley says; You’re wrong and I don’t care what it says, you’re breaking the law. I say; No I’m not, you are so wrong!

Guy McCauley: I have the right to know how you pay this person. I say; That’s none of your business and you can do a search for his corporation and workers comp. It’s simple you can look it up online, it’s public information at the Division of Financial Services, you should know this, but my banking records are not open for public scrutiny and you have no right to them.

Guy McCauley: If you don’t give me a copy of how you pay him, I’m shutting you down and issuing Stop Work Orders. I say: I think you are wrong and as I said; before, my confidential banking information is none of your business.

Guy McCauley: Then I’ll get the information from the IRS.

I say: The Internal Revenue Service is not allowed to give you that information and again you are wrong, my tax records are none of your business and there are privacy laws.

Guy McCauley: Well, we have our ways of getting the IRS to give us your information.

I say: Seriously Guy, you are wrong; they will not give you anything. This is just wrong!

Guy McCauley: Oh yeah, I can get them and if you don’t give it to me, I’m shutting you down.

I say: So, you are forcing me to send you my private and confidential banking information? And again you’re wrong. The only reason I’ll send it to you only because of this extortion ultimatum and in order not to get my business shut down, but again you are wrong and I think any judge would agree.

Guy McCauley: He also needs to have his own workers compensation policy, and not a comp exempt.

I say: NO, he does not, the workers comp issue is a State issue and the Division of Financial Services disagrees with you and I have already spoken with the State in the past and as a matter of fact the State Investigator was here a couple of weeks ago and everything checked out fine.

Guy McCauley; Oh, they were here? I say; Yes they were.

Guy McCauley: We looked up your company and you also do not have a workers comp policy.

I say; I have an exemption and hire legitimate subcontractors that have comp exemptions.

Guy McCauley: Well you can’t to that, they all have to have their own policy and as do you and they have to be directly employed by you or they have to have their own contractor license.

I say: Guy, you can’t be serious, YOU ARE WRONG! The Florida Statutes are very clear and easily understood, I will read the Statute to you again: a subcontractor who is not certified or registered may perform construction work under the supervision of a person who is certified or registered.

Guy McCauley: I don’t agree.

I say: How is this so difficult for you to understand? You don’t agree with the Florida Statutes that you are trying to enforce and you don’t agree with what is on your web site? Holy shit! This is unbelievable and you’re the Deputy Building Official? Damn.

At this time James Chitwood still has no idea who these people are as they have no identification, did not properly introduce themselves in their official capacity or show any type of valid identification and so James Chitwood goes over to one of the vehicles where there is an unidentified woman (Kimberley Lineberry) and asks what is going on and this unidentified woman says, “this contractor has been doing this for a while and were here to shut him down. He has done this before and never resolved it”. James says what? She says; “hiring unlicensed people to do work that requires a license, and we’re here to shut him down”.

I then say to Guy McCauley; when can I meet you so we can resolve this, can I come to your office?

Guy McCauley says; I don’t have time: I’m issuing a Stop Work Order and giving James a citation.

I say: He’s is a legitimate subcontractor and has his own corporation. He was not even working on that job, but simply sitting in his truck and you are seriously stopping all my work? I can’t believe this, let’s meet at your office now and resolve this.

Guy McCauley says; I don’t have time, I’ll do the Stop Work Order and you can come to my office next week on Tuesday.

I say; I can’t afford to be out of business till Tuesday.

Guy McCauley says; That’s not my problem.

I say; But Guy, you’re wrong! I read you the Florida Statute and it is clear as day that you are wrong.

Guy McCauley says; Oh well, I’ll do what I have to do and you can come in Tuesday.

Guy McCauley then says; And your workers comp for your AC license has expired.

I say; its not expired. Guy McCauley says; IT’S EXPIRED! I say; it is NOT expired. Guy McCauley says; NO it is expired.
I then say; I have it right here and it certainly is not expired. It may not be updated it your system, but it’s certainly not expired. I’ll email a copy of it now to your office to Jenna as we speak. I email it over.

Guy McCauley says; Well, Im shutting you down until we can sort this out.

I say; You have no grounds to shut me down. No probable cause and you are wrong, dead wrong. I then say to Guy McCauley; I’ll send you the law, James’ workers comp to prove to you that I am telling the truth. I don’t know why you are doing this or who sent you or why, but this is so wrong, but I’ll find out.

Guy McCauley says; And how you pay him? I again say; Again that is none of your business and its private banking that you are not entitled to.
Guy McCauley says, again, send it to me or I’ll get it from the IRS. I say; You have no right to have any of my banking information, but if this is what I have to do since you have me against a wall unjustly then I will send it against my will in order to keep my businesses running and not jeopardize my workers/subcontractors and my own livelihood.

I then say; Give James back his phone so he can receive the email and print out the documents in his truck. I tell James Chitwood; to put his printer on in his truck and print the documents I am sending him and hand them to the last guy on the phone.

I send the email and wait a few minutes. I then call James Chitwood back and ask if he printed the documents and he says yes. I say; Did you give them the paperwork? James Chitwood says; yes, but inquires as to what right do they have to my check, that’s just wrong and I don’t want these guys having my banking, its wrong. I say; Let’s just get these thugs off our backs, I’m not sure what the hell is going on but there is something very sinister at play here and I will get to the bottom of it.

I tell James Chitwood; Let me speak with the last person that was on the phone.

I again speak with Guy McCauley again (Deputy Building Official) and ask if he received the paperwork, he says yes. I say; that should show you I’m not lying and did you call your office and ask if Jenna received the workers comp for my AC license? Guy McCauley says; yes. I then say; Did you get a copy of the law I sent as well? Guy McCauley says; I know what the law is.

I then say; Ok, now Guy, now what the hell is going on?

Guy McCauley says; We’re checking your job sites.

I say; I’ve done nothing wrong and feel I have been targeted, I think there is something else at play here. Who sent you? Who is behind this crap?

Guy McCauley then says; And by the way you also cannot hire unlicensed window and door subcontractors or unlicensed masonry or aluminum subcontractors, they all have to have their own license. I say; Guy, listen, you are wrong, the Florida statutes are quite clear as to who I can hire and it clearly states as I read it to you and emailed it to you and it clearly says what the law is under the scope of my license.

Guy McCauley says; No you can’t!

I then say, let me read what it says on your county web site and it’s very clear and plain for everyone to see:

Page 28 of the Sarasota County Code Enforcement Training Course reiterates the Fourth Amendment rights and protection.

Page 32 of the Sarasota County Code Enforcement Training Course reiterates and refers to Florida Statutes Section 933.20 as indicated in page 27 dialogue above.

Page 34 of the Sarasota County Code Enforcement Training Course refers to: “Inducement. Persuasion, Fraudulent Representations, Threats, Coercive Tactics, Harassment, Promises of Reward”. In this formal complaint the contractor was coerced by Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement to give private banking information for the reward of not being shut down. However there was NO probable cause for any Stop Work Order; therefore Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement acts were malicious, unfounded and negligent. An invasion of privacy has been committed by Sarasota County employees Guy McCauley – Deputy Building Official and Robert Lepley of Code Enforcement.

Exhibit E. CODE OF ETHICS from the Florida Association of Code Enforcement. This document refers members to:

1. Recognizing and upholding the rights of all citizens as granted by the Constitution of the United States of America and the State of Florida. Clearly Violated.

3. Performing duties in a manner to instill public trust. Clearly Violated.

4. Members will at all times conduct themselves in accordance with the standards of conduct for Public Officers and Employees as contained in Chapter 112 of the Florida Statutes. Clearly Violated.

5. “Members will continually strive to maintain a high level of professional expertise…” Clearly Violated.

6. “Members will, at all times, perform their duties in the best interest of the public health and safety, and welfare without regard to personal beliefs or political influences”.
Clearly Violated.

Guy McCauley – Deputy Building Official, Robert Lepley of Code Enforcement as well as Kimberly Lineberry of Code Enforcement have not exhibited or adhered to these basic fundamentals of the Sarasota County Standards of Conduct and Florida Association of Code Enforcement.

Exhibit F. Sarasota County Standards of Conduct from Chapter XII. The document attached is pages 66 to page 75 of a larger Sarasota County document and the pages enclosed are the pages that are relevant for the formal complaint as follows:

Page 1 of the Sarasota County Standards of Conduct refers to: “employees representing the County …shall comply with the standards of conduct”.

Page 6 of the Sarasota County Standards of Conduct refers to:

• (c)  The term "Consumer Representatives" used in this section shall be defined as set forth in F.S. § 489.131(10).
  

• (3)  Qualifications. Architects and Engineers are not required to be professionally registered in the State of Florida as a condition of appointment to a Board. The citizen at large member (Lawyer Brian Keisacker) shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry. Appointment shall be based on demonstrable training and experience acceptable to the Board of County Commissioners. PLAIN AND SIMPLE! Brian Keisacker is defiant!
  
• 4)  Term of Appointment. Board members shall be appointed for a period of three years. The Board of County Commissioners may relieve Licensing Board members of their appointment for failure to attend a majority of the meetings each fiscal year. The appointed members of the Boards shall proceed to select a Chairman, Vice Chairman and a Secretary.
  

Brian Keisacker
Brian Keisacker sits on the Board as a “Citizen at large (consumer representative)," one of three such positions required by Sarasota County Code § 22-127(1)(a). Of note, "[t]he citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry." Sarasota County Code § 22-127(3) (emphasis added). See also, § 489.131(10), Florida Statutes (2019).
Brian Keisacker represents dozens of clients in matters that are directly related to the construction industry.

In a résumé submitted with Brian Keisacker’s advisory application, Keisacker states:

“Prepare and file pleadings, motions, and responses to all aspects civil litigation in areas including foreclosure, boundary disputes, construction defects…”

Since Brian Keisacker practices construction law and collects fees from construction related clients, he is currently deriving income from the construction industry, which is prohibited for individuals serving on the Board in his capacity. Brian Keisacker’s application to serve on the Board clearly and definitively indicates Brian Keisacker derives income from the construction industry, thereby defeating the intended purpose of a citizen/consumer representative.
Brian Keisacker’s specializes in construction law and advertises on their website as follows:

“Our firm provides a variety of services to contractors, subcontractors, suppliers, homeowners in connection with construction law matters, including preparation, negotiation and review of construction agreements as well as the preparation and service of notices to owner, claims of lien, contractor final affidavits and other document required by the Florida Construction Lien Law. Should litigation become necessary to enforce or defend the claim of a construction lienor, we prosecute and defend all aspects of lien foreclosure actions.”

Therefore, Brian Keisacker must not be on the Sarasota County General Contractors Licensing and Examining Board, yet Brian Keisacker is defiant and will not follow the ethical rules Brian Keisacker is supposed to follow.
In sum, since Brian Keisacker occupies a seat on the Board which forbids earning income from the construction industry, Brian Keisacker may NOT legally serve the citizens of Sarasota County on its General Contractors Licensing and Examining Board, and Brian Keisacker cannot and must not preside over matters within the jurisdiction of the Board. ALL Respondents have a right to be heard before a Board comprised of individuals who meet all of the statute and ordinance requirements for service on the Board. Brian Keisacker

BRIAN KEISACKER SHOULD NOT BE SERVING ON THE CONTRACTOR BOARD AS A CONSUMER REPRESENTATIVE WHEN HE EARNS INCOME FROM THE CONSTRUCTION INDUSRTY. THIS IS IMMORAL AND UNETHICAL.

• The content of this website is protected under the First Amendment of the United States Constitution, which are beliefs based on personal experiences with Brian Keisacker as well as the law; and court orders issued by the Circuit Court. Sarasota County Ordinance 22-127(3) which Brian Keisacker has willingly and purposefully violated by serving on the Sarasota County General Contractors Licensing and Examining Board as a consumer representative, which states... “The citizen at large member shall be selected for appointment from Sarasota County resident applicants deriving no income from any source connected with the construction industry. “ Thus Brian Keisacker has, is clearly and willfully violating the law, ethics and his credibility, etc.