Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WAYNE BALL
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Jan. 22, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 8, 2001.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA ADMINIS FR, v
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HEARINGS E
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, Case No. 2000-03351.
vs. 01-0266 PL
WAYNE BALL, |
Respondent. ;
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint
against WAYNE BALL, ("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. At all times material hereto, Respondent was not duly
licensed as a contractor by the Florida Construction Industry
Licensing Board.
3. The Department of Business and Professional Regulation has
jurisdiction over the unlicensed practice of contracting pursuant
to Section 455.228(1), Florida Statutes, including the authority to
impose a fine of up to $5,000.00 per incident for any violation of
Chapter 489, Florida Statutes.
4. Respondent's last .known address is 2655 Tinosa Circle,
Pensacola, Florida 32526.
5. On or about August 9, 1999, Respondent, doing business as
THREADGILL CONSTRUCTION, contracted with Bishop JOHN H. RICARD of
OUR LADY QUEEN OF MARTYRS CHURCH (hereinafter. "church") to
construct a new parish hall addition on the church located at 3295
South Barrancas Avenue, Pensacola, Florida.
6. At all times material hereto, THREADGILL CONSTRUCTION was
not duly licensed as a qualified business organization by the
Florida Construction Industry Licensing Board.
7. Respondent applied for and obtained a permit for the job
using Registered General Contractor. license no. RG 0027891. Frank
Douglas Threadgill held that license and did business as F. D.
Threadgill. There was Letter of Authorization on file with the
County authorizing Respondent to do pull permits under Mr.
Threadgili's license. Mr. Threadgill is 83 years old and knew
tittle about the details of the project. He did not know that some
subcontractors had not been paid at the completion of the
project.
8. Respondent commenced work and substantially completed the -
project, however Respondent failed to pay all of the subcontractors
on the job.
9. The church paid Respondent approximately $269,407.40
towards the contract in addition to $38,322.10 that the church had
to pay to PERDIDO ELECTRIC, COMPANY, INC. in an effort to get a
lien removed.
10. Based on the foregoing, Respondent has violated Chapter
i
i
489.127(1) (£), Florida Statutes by engaging in the business or
acting in.the capacity of a contractor or by advertising himself or
a business organization as available to engage in the business or
act in the capacity of a contractor without being duly registered
or certified.
WHEREFORE, Petitioner respectfully requests the entry of an
Order imposing one or more of the following penalties: impose an
administrative fine not to exceed $5,000 per violation, impose any
or all penalties delineated within Section 455.228(1), Florida
Statutes, and/or any other relief that is authorized pursuant to
Chapters 489, 455, Florida Statutes, and/or the rules promulgated
thereunder )
Signed this (ith. day of ways . 1 , 2000.
. Matthews
ssfistant General Counsel
COUNSEL FOR DEPARTMENT: Kl
Matthew Casey o Swied F |
Assistant General Counse ulation
Department of Business and Deparent of Busnes and Profesor 8
Professional Regulation © DEP
Northwood Centre .
1940 North Monroe Street, Suite 60 Prardm Hichelt
Tallahassee, FL 32399-2202 CLERK S COO
DATE “A5-
William M. Oglo wmv
Assistant General Counsel
Department of Business and
Professional Regulation
Northwood Centre
1940 North Monroe Street, Suite 60
Tallahassee, FL 32399-2202
WMO/abr
Case #2000-03351
Docket for Case No: 01-000286PL
Issue Date |
Proceedings |
Mar. 08, 2001 |
Order Closing File issued. CASE CLOSED.
|
Mar. 02, 2001 |
Motion to Relinquish Jurisdiction Without Prejudice (filed by Petitioner via facsimile).
|
Feb. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 06, 2001 |
Notice of Hearing issued (hearing set for March 27, 2001; 10:00 a.m.; Pensacola, FL).
|
Jan. 30, 2001 |
Response to Initial Order filed by Petitioner.
|
Jan. 23, 2001 |
Initial Order issued.
|
Jan. 22, 2001 |
Election of Rights filed.
|
Jan. 22, 2001 |
Administrative Complaint filed.
|
Jan. 22, 2001 |
Agency referral filed.
|