STATE OF FLORIDA | ics) I E if) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUIARIOR] py jo, CONSTRUCTION INDUSTRY LICENSING BOARD , *36 DIVISION I ‘” DIVISION OF A oe Hi | ST# A, 7) va io DEPARTMENT OF BUSINESS AND MARS PROFESSIONAL REGULATION, Petitioner, vs. Case No. 96-14240 & 97-10517 00 -307/ EDWARD ERNEST PLANTE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EDWARD ERNEST PLANTE, ("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 General Contractor, in the State of Florida, having been issued license number CG CA04574. 3. Respondent's last known address is 13516 West Hillsborough Avenue, Tampa, Florida 33635. 4. At all times material hereto, Respondent was the licensed qualifier for World ad Aluminum Products, Inc. (hereinafter referred to as "World Aluminum"). v i i : i : 1 | if : I Hl VY wy 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 all operations of the business organization; for ali field work at all sites; and for financial matters, both for the organization in general and for each specific job. ‘ACTS PERTAINING TO CASE R 96-14240 6. World Aluminum was involuntarily dissolved in 1986 due to the death of the company’s president and registered agent, Anthony J. Celli. 7. The Respondent qualified World Aluminum prior to Mr. Celli’s death and continued to renew the business license for the following eleven (11) years after his death. 8. The Respondent continued to advertise and do business under the name World Aluminum Products, Inc. 9. On or about February 13, 1997, the Respondent filed a change of status application with the Board, requesting to cease qualifying World Aluminum Products, Inc., and to qualify World Aluminum Products. 10. The Board granted the Respondent an order of conditional approval to change his status pending the satisfaction of a civil judgment. ‘ 11. ¢ To date, the Subject has failed to submit satisfaction of the judgment to the Board. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. _ Based on the foregoing, the Respondent violated Section 489.129(1)(a), Florida Statutes, by obtaining a certificate or registration by fraud or misrepresentation. ( - ‘ nn CO: ~ WY wo) FACTS PERTAINING TO CASE NUMBER 97-10517 “7 | - 14. Onor about July 13, 1995, the Respondent entered into a written contractual agreement with Nancy Yuhas to reroof her mobile home located at 53 Thatch Palm East, Largo, Florida 33770. 15. The contract price was Three Thousand One Hundred Sixty Two dollars ($3,162.00). 16. | The Complainant paid a total of Three Thousand One Hundred Sixty Two dollars ($3,162.00) to the Subject. 17. The Subject failed to obtain a building permit prior to the commencement of the Complainant’s project. 18. The Complainant notified the Subject of several roof leaks. 19. To date, the Respondent has not repaired the Complainant’s roof to her satisfaction. 20. Onor about September 19, 1997, the Respondent obtained an after the fact permit, number 49036, from the City of Dunedin Building Department. 21. To date, the Respondent has failed to obtain a final inspection for the project. COUNT 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through twenty one as though fully set forth in this Count II. 23. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT I a \ 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through twenty one as though fully set forth in this Count III. 25. 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 IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through twenty one as though fully set forth in this Count IV. 27. — Section 455.227(1)(0), Florida Statutes provides, in part, that practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform shall constitute grounds for which disciplinary action may be taken. 28. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes, through a violation of Section 455.227(1)(0), by exceeding the scope of licensure thereby violating the provisions of this Chapter 455. ‘ 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 issuance or renewal of the certificate or registration, require financial restitution to a 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), ‘e mt, ~ WY ww) - . ; one ‘A Florida Statutes, and/or any other relief that the Board is authorized to impose putsuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. ot Signed this | _ day of 1999. CYNTHIA A. HENDERSON, SECRETARY By: Candice J. Crawford t Deputy Secretary FILED Professional Regulation COUNSEL FOR DEPARTMENT: aber tond RK Ellen C. Marino MN Scholl Senior Attorney CLERK y Department of Business and DATE 4 ~ y) - QQ Professional Regulation 3725 West Grace Street, Suite 500 Tampa, Florida 33607 ECM/aen Case #96-14240 & 97-10517 Simmons ¢ mekeoek Bia 49

Docket for Case No: 00-003071PL