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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs PERRY FRANKLIN WADE, 07-003769PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003769PL Visitors: 14
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: PERRY FRANKLIN WADE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Naples, Florida
Filed: Aug. 21, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 17, 2007.

Latest Update: Nov. 16, 2024
Aug 21 2007 16:18 ga/21/20e7 16:82 8589219186 DEPR PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2006-070060 PERRY FRANKLIN WADE, ; Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against PERRY FRANKLIN WADE, ("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 C027811, which is current and active. 3, Respondent's last mown address of record is P.O. Box 644, Estero, Florida 4. At all times material hereto, Respondent was the primary qualifying agent for Perry F. Wade GCG LLC, which been issued a certificate of authority, QB number 31837, which is active. Aug 21 2007 16:18 ga/21/20e7 16:82 8589219186 DEPR PAGE @4/ag 5, On or about February 26, 2006, Chris Casey ("Casey"), doing business as Casey's Door & Glass, contracted with Nick W. Lichter ("Lichter"), to replace windows and door frames to several condominium units at the Chalet of San Marco Condominiums, located at 520 South Collier Boulevard, Marco Island, Florida 34145. 6. The total contract price was $47,703.67, of which $22,800.00 was paid by Lichter to Casey. . 7. At all times material hereto, Casey has not been licensed to perform contracting in the State of Florida. 8. On or about Junc 30, 2006, the City of Marco Island Building Department issued permit number 063705 for the construction project, displaying Respondent's name as the contractor for the project. 9. Respondent knew or should have known that Casey was unlicensed to perform contracting work. COUNTI 10. Petitioner te-alleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. HL. Based on the foregoing, Respondent violated section 489.129(1)(d), Florida Statutes, by performing any act which aids or assists in the prohibited and unregistered act of contracting. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. Aug 21 2007 16:18 ga/21/20e7 16:82 8589219186 DEPR PAGE @5/ag 13. Based upon the foregoing, the Respondent violated Section 489.1 29(1)(m), Florida Statutes, 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 agit day of Lage 2007, PC Found: May 22, 2007 Div. I: Clark & Cox fae shua’8. Moye Assistant General Counsel] COUNSEL FOR DEPARTMENT: F | L cE D Oepartment of Business and Professional Regiation Joshua B. Moye AGENCY CLERK ; Assistant General Counsel Department of Business and Professional Regulation ~ oe Of fice of the General Counsel CURR -S ga a z. t Seana way 1940 N. Monroe Street, Ste. 42 , 200 wi Tallahassee, FL 32399-2202 DATE = JBM/dk Case No: 2006-070060

Docket for Case No: 07-003769PL
Issue Date Proceedings
Dec. 17, 2007 Order Closing File. CASE CLOSED.
Dec. 14, 2007 Joint Motion to Relinquish Jurisdiction filed.
Oct. 17, 2007 Petitioner`s First Request for Production to Respondent filed.
Oct. 17, 2007 Notice of Service of Interrogatories filed.
Oct. 17, 2007 Petitioner`s First Request for Admissions to Respondent filed.
Oct. 16, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for December 20, 2007; 9:00 a.m.; Naples, FL).
Oct. 12, 2007 Order Granting Motion for Substitution of Counsel.
Oct. 11, 2007 Petitioner`s Motion to Continue Hearing filed.
Oct. 10, 2007 Motion for Substitution of Counsel filed.
Sep. 18, 2007 Order of Pre-hearing Instructions.
Sep. 18, 2007 Notice of Hearing (hearing set for October 30, 2007; 9:00 a.m.; Naples, FL).
Aug. 29, 2007 Petitioner`s Response to Initial Order filed.
Aug. 22, 2007 Initial Order.
Aug. 21, 2007 Reply to Administrative Complaint filed.
Aug. 21, 2007 Election of Rights filed.
Aug. 21, 2007 Administrative Complaint filed.
Aug. 21, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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