Sep 20 2007 14:52 ag 2e/28e7 14:35 8589219186 DEPR PAGE STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2004-054290 GREG ALAN ROACH, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GREG ALAN ROACH, d/b/a All Florida Roofing Contractors, Inc., ("Respondent") and says: 1, Petitioner is the state agency charged with regulating the practice of contracting pursuant fo 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 Roofing Contractor in the State of Florida, having been issued license numbers CC C1326005. 3. Respondent's addresses of record are P.O. Box 345, Orange Springs, FL, and 22204 US Hwy 301, Hawthorne, FL. 4. At all times material hereto, Respondent was the licensed qualifier for All Florida Roofing Contractors, Inc. 4. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying ad/ag Sep 20 2007 14:52 ag 2e/28e7 14:35 8589219186 DEPR PAGE @5/@8 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. Respondent failed to obtain a certificate of authority for All Florida Roofing Contractors, Inc. as required by Section 489.119(2), Florida Statutes.. 7. On or about August 23, 2004, Aylwin 8. Pang (“Pang”) contracted with Respondent, to remove and replace the hurricane-damaged roof of his hotel property located at 1620 W. Vine SL, Kissimmee, FL. 8. The contract price for the aforementioned project was $40,000.00, of which Pang paid Respondent a total of $32,250.00, 9. Respondent failed to pull any permits for the project. 10, Work commenced on the project on or about September 7, 2004. 11. Respondent ceased work on the project in or about late September 2004, 12, Respondent scheduled repairs on the project, but did not return to the project. 13. Respondent did not have any inspections performed on the roof. 14. Pang was issued a citation for the roof from the City of Kissimmee Building Department for not having a permit pulled on the project. COUNT I 15, Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen above as though fully set forth therein. 16. . Section 489.119(2), Florida Statues, provides that an applicant who proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious Sep 20 2007 14:53 ag 2e/28e7 14:35 8589219186 DEPR PAGE 86/88 name where the applicant ig doing business as a sole proprietorship, thé business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 17. Based on the foregoing, Respondent violated Section 489,129(1)(i), Florida Statutes, by failing to comply with a provision of Chapter 489, Part J, Florida Statutes, by violating Section 489.119(2), Florida Statutes, by failing to obtain a certificate of authority for All Florida Roofing Contractors, Inc. COUNT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen above as though fully set forth therein. 19. Section 489,126(2)(a), Florida 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 the work does tot require a permit under the applicable codes and ordinances. 20. Based upon 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 I, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489,126(2)(a), Florida Statutes. COUNT Ii 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen above as though fully set forth therein. 22, Based on the foregoing, Respondent violated Section 489. 129(1)(j), Florida Sep 20 2007 14:53 ag 2e/28e7 14:35 8589219186 DEPR PAGE @7/ae Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days ifthe contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT Ty 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen above as though fully set forth therein. 24. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNTY 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen above as though fully set forth therein. 26, Based upon the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 435 and 489, Florida Statutes, and the rules promulgated thereunder. ag! 28/ 2A87 Sep 20 2007 14:53 14:35 8589219186 DEPR PAGE 98/88 Signed this 74 IT aay of uns, , 2006. > AprilLSdammonds Assistant General Counsel ALH/amm Case #: 2004-054290 FILE D Department of Business and Professional Regulation AGENCY CLERK PC FOUND: JUNE 27, 2006 Division il: Weller & Clark z = * E i

Docket for Case No: 07-004376PL

Orders for Case No: 07-004376PL