STATE OF FLORIDA OS i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, OO- BOS vA v. DBPR Case No. 99-02450 GARY ALLEN SMITH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board against GARY ALLEN SMITH, (“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 Roofing Contractor, in the State of Florida, having been issued license number CCC044053. 3. Respondent's last known address is Post Office Box 351180, Jacksonville, FL 32235. 4, At all times material hereto, Respondent was the licensed qualifier for Duval Roofing Company. 5. Respondent: failed to obtain a certificate of authority for Duval Roofing Company, as-required by Section 489.119(2), Florida Statutes. 6. On or about February 7, 1996, Dorothy Fontenot (“Fontenot”) contracted with Duval Roofing Company to install a new flat roof on property located at 1210 Nantucket Avenue, Jacksonville, FL 32251. 7. The contract price was $1,600.00. 8. The contract provided for a manufacturer’s guarantee of twelve years and a workmanship guarantee of parts and labor for five years. 9. Ms. Fontenot paid Respondent in full for services rendered and materials purchased. 10. On or about Febmary 8, 1996, construction of the roof began and was completed on or about February 19, 1996. 11. Onor about February 20, 1996, permit number 08000.000-B-96 was issued by the Building and Zoning Inspection Division of the City of Jacksonville to Duval Roofing Company for Fontenot’s roof. 12. On or about February 28, 1999, Fontenot observed the roof was leaking and there was subsequent wood rot. 13. Respondent was contacted regarding the leak, and he came out to view the damage. 14, Respondent refused to honor the five year warranty set out in the 1996 contract. Wy WY 15. The flat roof installed by the Respondent was not installed in accordance with the manufacturer’s specifications for warranted application. 16. | Due to Respondent’s failure to honor the roof warranty, Fontenot incurred approximately $500.00 in expenses not paid by insurance to have the roof repaired by another company. COUNT I 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count I. 18. Section 489.119(2), Florida Statutes, requires that if an individual proposed 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 name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 19, Based on the foregoing, the Respondent violated Section 489.129 (1)(j), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count II. 21. Rule 61G4-17.001(6)(c), Florida Administrative Code, provides that finishing a job without pulling a permit is a violation of Section 489. 129(1)(p), Florida Statutes. Wy Wy 22. Based upon 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 III 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count III. 24. By failing to install the Fontenot’s roof in accordance with manufacturer’s specifications, and by further failing to honor his contractual warranty, Respondent violated . Section 489.129(1)(n), by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board to enter an Order imposing one or more of the following penalties: place the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to the consumer, impose an administrative fine not to exceed $5,000 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. Signed this 179 day of ) temAnn 1999, FILED Department of Business and Professional Regulation ) , . DEPUTY CLERK Lakhs sz Donel . By: Cathleen E. O'Dowd creme standin Lickel Lead Construction Attorney DATE | ~ 10 -2000 a ) we COUNSEL FOR DEPARTMENT: Laurie B. Woodham Assistant General Counsel Per 12)1S)a% Department of Business and wrowus Professional Regulation Cowas’ ¥ Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL, 32399-2202 LBW/dd Case # 99-02450

Docket for Case No: 00-003059PL