STATE OF FLORIDA A i ti Ai jaf INS a7 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATTONAT CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, moos vs. 99-04391 }- CLARENCE EARL WILLIAMS, : O 7 tT Fe Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, . DEPARTMENT OF BUSINESS AND PROFESSIONAL . REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CLARENCE EARL WILLIAMS, ("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 C028851 by the Florida Construction | Industry Licensing Board. . . 3. Respondent's last known address is 9357 Gilchrist Court, Jacksonville, Florida 32219. 4. At all times material hereto, Respondent was licensed as qualifying agent for CLARENCE WILLIAMS CONSTRUCTION, INC. 5. On or ‘about. January 14, 1999, HERMAN TUCKER entered into J contract with an unlicensed individual, WILLIE ISAIAH PEACHES | _to construct a “bedroom, | bathroom and garage, addition. ‘to, “TUCKER’ s “fesidence: located at 6117 Iris Boulevard, Jacksonville, Florida. 6. The total price of the aforesaid contract was $23,500.00 of which TUCKER paid PEACHES $14,160.00. . 7. PEACHES performed minimal work (cleared the lot) and subsequently abandoned the project. 8. PEACHES failed to return to perform any work on the job and failed to return the unused portion of the construction funds to TUCKER. . 9. On or about March 25, (1999, Respondent, doing business as CLARENCE WILLIAMS CONSTRUCTION, INC., went with PEACHES to the City of Jacksonville building department and applied for and obtained building permit number 13502.000 for the aforesaid project. 10. At the time Respondent obtained the aforesaid building permit, neither Respondent nor CLARENCE WILLIAMS CONSTRUCTION, INC. had entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. . 11. Respondent performed no work on the aforesaid project. 4 12. Respondent failed to obtain a certificate of authority for CLARENCE WILLIAMS CONSTRUCTION, INC. as required by Section 489.119(2), Florida Statutes. “COUNT T 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one “through eleven as ~ though | fully set forth in i this Count I. 14. Based on “the foregoing, “Respondent has violated Section 489. 129(1) (d), Florida Statutes by performing any act which assists . "a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting. COUNT .II 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count II. 16. Section 489.127(4) (c), Florida Statutes provides in part that a certified contractor may not apply for or obtain a building permit for construction work unless the certified contractor or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 17. Based on the foregoing, Respondent has violated Section 489,129(1) (i), Florida Statutes by failing in any material respect to comply with the provisions of this part, to wit; by obtaining a permit for construction work without having entered into a contract ansehen aa isso ne to make improvements to, or perform the contracting at, the real property specified in the application or permit, in violation of Section 489. 1274) (¢ C)y Florida. Statutes. ~ Count qII | 18. Petitioner realleges and incorporates the allegations set forth in ‘paragraphs one through twelve as though fully set forth in this Count III. 1s Section 409. 119(2 2), Plorida Statutes, provides that it an applicant proposes to engage in contracting as a 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. 20. Based on the foregoing, Respondent has violated Section 489.129(1) (i), Florida Statutes by failing in any material respect to comply with the provisions of this part, to wit; by failing to apply for a certificate of authority for CLARENCE WILLIAMS CONSTRUCTION, INC. as required by Section 489.119(2 , Florida Statutes. WHEREFORE, Petitioner respectfully remests the Construction Industry. Licensing Board enter an order imposing one or more of the following penalties: place on probation, reprimand organization, including any, partnership, corporation, business. cngrnye nee 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), 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 a , 2000. By:| Jo Jd. Matthews psistant General Counsel COUNSEL FOR DEPARTMENT: Matthew Casey WOE ce F | L E D : Assistant General Counsel Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation ; ; Northwood Centre { 2 vd WM idele 1940 North Monroe Street, Suite 60 CLERK Tallahassee, FL 32399-2202 DATE 10 -|Q - 2000 William Oglo wmo Assistant General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 WMO/abr Case# 99-04391

Docket for Case No: 01-001717PL