UV , L/ ryt ! STATE OF FLORIDA rE D Fy & DEPARTMENT OF BUSINESS AND PROFESSION. nag ABE y TION 00 y l CONSTRUCTION INDUSTRY LICENSING PM 12: 18 28 Py DIVISION I & II * pon OF Aoki Vis, : 7 Mibyp ON 6 DEPARTMENT OF BUSINESS AND ' ‘E hed RAT PROFESSIONAL REGULATION, Rlge Ty Petitioner, Case No. 99-02215 vs. Do- BO9S™ HOWARD DAVIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against HOWARD DAVIS, ("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 and a Certified General Contractor, in the State of Florida, having been issued license number CC C039797 and CG C020480. 3. Respondent's last known address is 7721 NW 10° Avenue, Miami, Florida 33169. 4. At all times material hereto, Respondent was the wy) licensed qualifier for Davis & Palmer Construction, Inc. (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. COUNT I 5. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four as though fully set forth in this Count I. 6. At no time material hereto, was Friteau Joseph d/b/a Joseph Construction, Inc., registered, certified, properly qualified, or licensed to practice contracting in the State of Florida, nor did that name appear on Respondent’s license. 7. On or about April 2, 1997, Everton Barker (hereinafter referred to as “Customer”) contracted with Friteau Joseph d/b/a Joseph Construction, Inc., (hereinafter referred to as “Unlicensed Contractor”) for an addition to be built at his residence located at 1065 NW 116 Street, Miami, Florida, for Twenty-Four Thousand, Six Hundred Forty-Five dollars ($24,645.00). 8. On or about July 29, 1998, the Contractor applied for the proper building permit and on or about October 2, 1998 obtained permit number 1998020633 from Dade County Building & Zoning Department, for the construction of the addition for the Customer’s residence. 9. The Customer paid the Unlicensed Contractor the full contract price. 10. The Contractor knew or should have known that the Unlicensed Contractor was not properly registered, certified, qualified, or licensed to practice contracting in the State of Florida. 11. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (Supp. 1996), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through ten as though fully set forth in this Count II. 13. The Contractor certified to Dade County Building & Zoning Department that he was the Contractor of record for the Customer’s project and that the work would be performed in accordance with the laws of the State of Florida and Dade County. 14. The foregoing constitutes a misleading, deceptive, or fraudulent representation made in or related to the practice of the Contractor’s profession. 15. Section 455.227(1) (a), Florida Statutes (Supp. 1996), Ww , , VU provides that a licensee may be disciplined for making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession. 16. The foregoing constitutes a violation of Section 455(1) (a), Florida Statutes (Supp. 1996). 17. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (Supp. 1996), by violating any provision of chapter 455. COUNT III 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through ten and thirteen through sixteen as though fully set forth in this Count III. 19. At ‘no time material hereto did the Contractor maintain a qualifying business license. 20. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business 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 a fictitious name, if any. 21. Based on the foregoing, the Respondent violated U Oe U Section489.129(1) (3), Florida Statutes (Supp. 1996), 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 IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through ten, thirteen through sixteen and nineteen through twenty as though fully set forth in this Count IV. 23. Section 489.127(4) (b), Florida Statutes provides: A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor. 24. Section 489.127(4) (c), Florida Statutes provides: A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work ” unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said U a 1) contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor. 25. The Contractor violated the foregoing provision of Chapter 489, Florida Statutes. 26. Based on the foregoing, the Respondent violated Section 489.129(1) (3), Florida Statutes (Supp. 1996), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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 toa 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 4 day of — Avyos , 1999. Lohr F Ordond G.W. HARRELL CHIEF ATTORNEY COUNSEL FOR DEPARTMENT: F | L E D Department of Business and Professional Regulation Diane Snell Perera DEPUTY CLERK Senior Attorney : Department of Business and WM chet Professional Regulation CLERK 401 NW 2 Avenue #N607 -7F- g Miami, FL 33128 DATE 4 (305) 377-7115 DSP/sb 6/21/99 Case #99-02215 PCPs BAIA CowserY) Hace Vie crons | pre ye

Docket for Case No: 00-003095PL