eee OS LAI FE ed & 7, STATE OF FLORIDA ROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND P CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFES SIONAL REGULATION, Petitioner, Case No. 97-19288 vs. LOUIS V. SALVATI, Respondent. ee ADMINISTRATIVE COMPLAINT S AND PROFESSIONAL REGULATION, DEPARTMENT OF BUSINES Petitioner, Complaint before the Const ("P etitioner"), files this Administrative ruction Industry Licensing SALVATI, ("Respondent"), charged with regulating the practice of contracting 55 and 489, Fi lorida Statutes. Board, against LOUIS V. and says: 1. Petitioner is the state agency rida Statutes, and Chapters 4 pursuant to Section 20.165, Flo 2. Respondent is, and has been at all times material hereto, 4 Certified Residential Contractor, in the State of Florida, having been issued license number CR C057183. 3. Respondent's jast known address is 1560 San Roy Drive, Dunedin, Florida, 34698. 4. At all times material hereto, Respondent was the licensed qualifier for Homeowners Consultants Assoc., Inc. (hereinafter referred to as "HCA"). 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 all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about July 10, 1997, Respondent, d/b/a HCA, entered into a written contractual agreement with Holly and Allen Banks to install windows, to prepare the interior and exterior of the residence for painting, and install a front door at the residence located at 235-2nd Avenue North, Safety Harbor, Florida, for the contract price of $900.00. 7. On or about July 18, 1997, Respondent, d/b/a HCA, entered into a second written contractual agreement with Holly and Allen Banks to install tile, install a prehung door, perform interior work, install a double dimmer switch, and install an outlet for the stove at the above residence for the contract price of $1,200.00. 8. On or about July 25, 1997, Respondent, d/b/a HCA, entered into a third written contractual agreement with Holly and Allen Banks to remove the cedar roofing in the front of the home, install metal shingles, replace rotted wood, and install an ornamental ridge tile at the above residence for the contract price of $4,536.00. 9. On or about August 8, 1997, Respondent, d/b/a HCA, entered into a fourth written contractual agreement with Holly and Allen Banks to resheet the front of the above residence for the contract price of $2,000.00. 10. Onor about August 14, 1997, Respondent, d/b/a HCA, entered into a fifth written contractual agr residence for the contract price of $3,82 11. eement with Holly and Allen Banks to perform roofing work at the above 5.00. The total contract price for the aforementioned contractual agreements was Twelve Thousand Four Hundred Sixty One dollars ($12, 461.00). 12. contractual agreement The total amount paid by the Banks in accordance with the aforementioned ($10,719.81), as follows: Date July 10, 1997 July 16, 1997 July 17, 1997 July 18, 1997 July 23, 1997 July 28, 1997 August 4, 1997 August 6, 1997 August 6, 1997 August 6, 1997 August 8, 1997 s was Ten Thousand Seven Hundred Nineteen dollars and eighty-one cents August 11, 1997 September 3, 1997 September 5, 1997 September 16, 1997 13. Onor about August 7, 1997, the permit number 97-4873, by and 14. Respondent commenced with the above construction projects and continued with the residence located at 235-2nd Avenue North, Safety To HCA/Lou Salvati Brian Scott/HCA Lou Salvati/HCA Lou Salvati/HCA Cox Lumber Lou Salvati/HCA Lou Salvati/HCA Tom Salvati/HCA Lou Salvati/HCA Tom Salvati/HCA Lou Salvati/HCA Lou Salvati/HCA Lou Salvati/HCA Duart/HCA Lou Salvati/HCA same until on or about September 23, 1997, at which time, Mr. and Amount $300.00 $129.71 $600.00 $600.00 $156.10 $1,436.00 $1,218.00 $595.52 $1,065.00 $44.48 $1,600,00 $1,000.00 $825.00 $150.00 $1,000.00 Safety Harbor Building Department issued through Respondent's licensure, for general repairs to the roof on Harbor, Florida. Mrs. Banks terminated the contractual agreement. 15. | Onor about September 24, 1997, the Banks entered into a contractual agreement with John Hogan, RC 0066511, to perform roofing work on their residence for the total contractual amount of $2,738.00. Same consisted of completing or repairing the roofing work under contract with HCA. 16. HCA performed electrical work in accordance with the contractual agreement with the Banks, including moving an outlet for the kitchen stove, which presented a safety hazard to the extent that the conductor in a conduit was partially removed and exposed on the outside wall of the dwelling. 17. Section 489. 115(2)(b), F lorida Statutes, provides in part, that certification allows the certificateholder to engage in contracting only for the type of work covered by the certificate and only while the certificate is on active status. 18, Section 489.1 13(3), Florida Statutes, provides in part, that a contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air- conditioning work, unless such contractor holds a state certificate or registration in the respective trade category. 19, Section 489.1 13(3)(b), F lorida Statutes, provides in part, that a general, building, or residential contractor shall not be required to subcontract the installation, or repair made under warranty, of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on 4 new building of his or her own construction. 20. The work performed by Respondent or his employees at the Banks’ residence included roof repairs. 21. The roofing work performed by Respondent or his employees at the Banks’ residence was not on a new building of his own construction. 22. The work performed by Respondent or his employees at the Banks’ residence required the licensure of a roofing contractor. 23. Atall times material hereto, HCA, through Respondent’s licensure, was certified to engage only in residential construction. 24. At no time material hereto, was HCA properly certified, registered, or licensed engage in the practice of roofing or electrical contracting. COUNT I 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-four though fully set forth in this Count I 26. Respondent by performing roofing work, exceeded the scope of his license. 27. Based on the foregoing, the Respondent violated Section 489.129(1)@j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. - 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-four as though fully set forth in this Count IL. 29. Respondent by performing electrical work, exceeded the scope of his license. 30. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1997), 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 Il 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-four as though fully set forth in this Count IIT. 32. Respondent failed to properly supervise HCA’s contracting activities by failing to ensure that all work contracted for and performed at the Banks’ residence was properly subcontracted to licensed roofing and/or electrical contractors. 33. Based on the foregoing, the Respondent violated Section 489,129(1)(n), Florida Statutes (1997), by committing incompetency or misconduct in the practice of contracting. 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), 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 /Y a day of Ayre , 1998. FIL Department of Business and Professional Regulation Henry P. Osbome, Acting Secretary A CLERK Sow h. Wad am até i ~ LS - G8 GENCY CLERK Senior Attorney eee COUNSEL FOR DEPARTMENT: Cathleen E. oDowd” Senior Attorney Department of Business and Professional Regulation 3725 W. Grace Street, Ste. 500 Tampa, FL 33607 CEO/me October 23, 1998 Case #97-19288 “Per - S Arnons + mekite ck i|- 18-48

Docket for Case No: 02-001991PL