STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS 7 CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2004-002100 . OS-dddTPl ANN MARIE WARD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ANN MARIE WARD, ("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, in the State of Florida, having been issued license number CC C057386. 3. Respondent's address of record is 10410 SW 185" Terrace, Miami, Florida 33157. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Joe Ward Roofing Corp. (hereinafter referred to as "Contractor"). The Contractor does not have a certificate of authority as a qualified business organization (QB license). 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 ail field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. The Contractor failed to obtain a QB license. 7. On or about March 8, 2000 the Contractor, d.b.a. Ward Roofing Professionals entered into a written contract with Jack A. Weaver (hereinafter referred to as “Weaver”) for the removal of the old roof and installation of a new roof at Weaver’s residence located at 4767 SW 76" Terrace, Miami, Florida. 8. The contract price for the roofing work was Fifteen Thousand Six Hundred dollars ($15,600.00). 9. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 10. From on or about March 14, 2000 through July 6, 2000 Weaver paid the Contractor the contract price in full. 11. Onor about May 22, 2000, Miami-Dade County issued building permit #2000073728 to the Contractor for Weaver’s roofing project. 12. The Contractor completed the roofing project and on or about June 30, 2000 obtained an approved final inspection from Miami-Dade County. 13. The contract included a five (5) year warranty. 14. Sometime in 2003 Weaver notified the Contractor that the roof was leaking, and, subsequently, on or about June 9 and 10, 2003, the Contractor performed repair work. 15. On or about October 1, 2003 Weaver notified the Contractor that the roof was still leaking. On or about October 15, 2003 the Contractor inspected and agreed to perform further repairs. Thereafter, however, the Contractor failed to perform repairs and failed to respond to numerous attempts by Weaver to communicate with the Contractor. 16. | On or about February 19, 2004 Weaver had the roof repaired by another company for Three Thousand Fifty dollars ($3,050.00). COUNT I 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count I. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1999), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count IL. 20. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting 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 the fictitious name, if any. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), 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 I 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count IT. 23, Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, . except where the value of all labor and materials does not exceed $2,500. 24. Based upon the foregoing, the Respondent violated Section 489.129(1)(@), Florida Statutes (1999), 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 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though filly set forth in this Count IV. 26. Rule 61G4-17.001(1)(m)1., Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1)(n) [now 489.129(1)(m)], Florida Statutes, shall include, but is not limited to, failure to honor a warranty. 27. Based upon the foregoing, the Respondent violated Section 489. 129(1)(m), Florida Statutes (1999), 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 aA? day of Pe don LOR a , 2005. T hediee. Ee... Cag THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: F j L E . Theodore R. Gay Dapartment of Business and Pras Regulation Assistant General Counsel DEPUTY CLE Department of Business and MW 1D [ f Professional Regulation Pardo ' 8685 NW 53” Terrace, #100 CLERK 9); Miami, FL 33166 DATE 3 bal al 005 (305) 470-6783 Ext. 2225 TRG/sb Case #2004-002100 PC Found: February 22, 2005 Division !I: Brown / Weller

Docket for Case No: 05-004337PL