are Saree r - . Ned + ~ . “FILED | | 8 OO APR 25 PHIag3 DIVISION OF . ADHiniest a ANS TaAtIve oes STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND O aL PROFESSIONAL REGULATION, ; Petitioner, vs. ‘ Case No. 98-10890 _ ALEXANDER BARTON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing ‘Board, against ALEXANDER BARTON, ("Respondent"), and s says: . 1. Petitioner i is the state agency ‘charged ‘with regulating the practice of contracting pursuant to Section 20. 0.165, Florida Statutes, and Chapters 455 and 489, Florida ‘Statutes. 2. Respondent is, and has been at al times material hereto, a Contified Roofing + au 7 - " nM MRI A « \w co Ww Contractor and a Certified General Contractor, in the State of Florida, having been issued license. a) “ : . . ; 7 gett numbers CC C056953 and CG C053581, respectively. 3. Respondent's last known addresses are 770-B Grosse Avenue, Tarpon Springs, Florida 34689, 8333 Snow Fire Drive, Orlando, Florida 32818 and 2033 Aaron Place, Clearwater, Florida 33760. os A. At all times material hereto, Respondent was the licensed qualifier for Noah’s Contractors, Inc. (hereinafter referred to as "Noah’s"). , 5.” Séction 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 or about June 2, 1997, Respondent entered into a written contractual agreement with Sheila Lynch, Complainant, to remove the old roofand install a new roof at her existing residence located at 3216 West Empedrado Street, Tampa, Florida 33629. “7 - ‘The aforementioned “contract “included a five-year warranty on labor and workmanship. 8. The price of said contract was three thousand six hundred dollars ($3,600.00). 9. On or about June 4, 1997, the Complainant issued check number 8024 payable to Noah’s, in the amount of one thousand two hundred dollars ($1,200.00). 10. _ On or about June 12, 1997, a change order v was entered i increasing the contract price by eight hundre e. dollars (siz 00) and amending the total contract price to four lw - oe Ww thousand four hundred twelve dollars ($4,412.00). . ; - a 11. Onor about June 13, 1997, the Complainant issued a check made payable to Noah’s, in the amount of three thousand two hundred twelve dollars ($3,212.00). 12, Complainant paid a total of four thousand four hundred twelve dollars ($4,412.00) “to the Respondent, paying the contract in full. | | ‘13. The Respondent never obtained a final inspection for the aforementioned project. 14. Soon thereafter, the Complainant’s roof developed leaks. The Complainant tried numerous times, unsuccessfully, to contact the Respondent to repair the roof. 15. | Onor about October 28, 1998, In the County Court in and for Hillsborough County, Florida, Civil Division, Case number 98-13096 SC, a Default Final Judgment was entered against the Respondent ordering him to pay the Complainant the principal amount of one thousand three hundred dollars ($1,300.00), and costs of one hundred thirty one dollars and fifty cents ($131.50), for a total of one thousand four hundred thirty one dollars and fifty cents ($1,431.50). 16. The aforementioned judgment was related to the practice of contracting. 17. As of this date, Respondent has failed to satisfy this judgment. 18. As of this date, the Respondent has failed to honor a warranty. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one : through cighten as though fully set forth i in this Count L ; 20. “Based on the foregoing, the ‘Respondent violated Section 489. 296060 Florida 7 Statutes, by committing - incompetency ¢ or misconduct in the practice of contracting « w ey U - | - = a COUNT II _- 2 AL 2 1. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count I. . 22. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida . Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IN © 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one ‘through eighteen as though fully set forth in this Count III. 24. Based on the foregoing, the Respondent violated Section 489.129(1)(1), Florida Statutes, by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice ‘of the licensee's profession. 25. Chapter 61G4- -17(23), Florida Administrative Code (1995) states in part, for _ Purposes of Section 489. 129()(0), F.S., “reasonable time” means ninety (90) days following the entry ofa civil judgment ‘that j is not appealed. 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 i issuance or renewal of the certificate or ER TR ERE ORE ee ere + Ww © Florida Stayutes, and/or any other relief that the Board is authorized to impose Pursuan to aa . > Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this [ day of 8 af L , 1999. CYNTHIA A. HENDERSON SECRETARY 2 PT . By: G. W. Harrell _ Acting Chief Attorney ‘, : - i FILED Department of Business and Professional Reguiation a: COUNSEL FOR DEPARTMENT: - SM es Ellen C. Marino came Lr Michele Senior Attorney - Y-2- -94 - Department of Business and DATE —_— : Professional Regulation : 3725 West Grace Street, Suite 500 : Tampa, FL 33607 : ECM/aen Case #98-10890 } PCP BHT AA ; + | Baroe Cowar ‘ Krdrve Ss. mameons + vyve

Docket for Case No: 00-001742