Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: DAVID SANTO URSO
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Oct. 04, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 5, 2007.
Latest Update: Dec. 23, 2024
TILED
STATE OF FLORIDA mis
DEPARTMENT OF BUSINESS AND PROFESSIONAL TT
CONSTRUCTION INDUSTRY LICENSING pone RAIL: 29
DIVISION II DIVISICN OF
ADMINISTRATIVE
DEPARTMENT OF BUSINESS AND HEARINGS ~
PROFESSIONAL REGULATION,
Petitioner, OT - USb 8 PL
vs. Case No. 2005-026978
2005-032030
DAVID SANTO URSO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint before the
Construction Industry Licensing Board, against DAVID SANTO URSO, ("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
1326063, currently active.
3. Respondent's last known mailing address is 1050 NW 20" Ave, Delray
Beach, FL, 33445.
4, At all times material hereto, Respondent was doing business as Urban
Roofing & Sheet Metal, LLC., which is registered as a qualified business.
FACTS PERTAINING TO CASE #2005-026978
5. On or about February 15, 2005, Respondent, contracted with Morton
Silverman to re-roof his residence located at 21774 Marigot Drive, Coca Raton, Florida,
33428.
6. The contract price was $5,014.00, of which Mr. Silverman paid $2,507.00
to Respondent on or about February 15, 2005.
7. On or about February 18, 2005, Mr. Silverman discovered that
Respondent had commenced and completed the re-roof his residence. However,
Respondent did not obtain a permit prior to commencing on the project. .
8. On or about March 8, 2005, Palm Beach County issued citation #5744 to
Respondent for failing to pull a permit.
9. On or about March 10, 2005, Respondent pulled permit #B050011183
from Palm Beach County Building Department.
10. Onor about May 4, 2005, a letter was sent to Respondent by Palm Beach
County Building Department stating that the roof had fail inspection and must be repaired
within 30 days.
| COUNT I
11. Petitioner realleges and incorporates the allegations set forth in paragraphs
one through ten as fully set forth herein.
12. . Based on the foregoing, Respondent violated Section 489.129(1)(o),
Florida Statutes, by proceeding on any job without first obtaining applicable local
building permits and inspections.
COUNT H
13. Petitioner realleges and incorporates the allegations set forth in paragraphs
one through ten as fully set forth herein.
14. Based on the foregoing, Respondent violated Section 489.129(1)(m),
Florida Statutes, by committing incompetency or misconduct in the practice of
contracting.
FACTS PERTAINING TO CASE #2005-032030
15. Onoor about February 9, 2005, Respondent, contracted with Robyn Lorenz
to re-roof her residence located at 805 SW 1" Court, Boynton Beach, Florida, 33426.
16. The contract price was $5,850.00, of which Mrs. Lorenz paid $2,925.00 to
Respondent on or about February 9, 2005.
17. Onor about February 12, 2005, Respondent commenced work on the
project by tearing off the damaged shingles and installing new plywood and felt
18. Respondent did not apply for a permit for the project until March 14,
2005, when permit #05-1490 was issued from the City of Boynton Beach Building
Department.
19. The project has not received a final inspection. .
COUNT II
20. Petitioner realleges and incorporates the allegations set forth in paragraphs
one through four and seventeen through twenty-one as fully set forth herein.
Department of Business a
DATE,
21. Based on the foregoing, Respondent violated Section 489,129(1)(0),
Florida Statutes, by proceeding on any job without first obtaining applicable local
building permits and inspections. :
COUNT IV
22. Petitioner realleges and incorporates the allegations set forth in paragraphs
one through four and seventeen through twenty-one as fully set forth herein.
23. Based on the foregoing, Respondent violated Section 489.129(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
Tules promulgated thereunder.
Signed this Z. [tN day of ef lees Der , 2005.
FILED fi
nd Professional Regulation An,
AGENCY CLERK By: Jeffrey J. Kelly
jor Assistant General Counsel
5- 2006
CLERK Sods pj. (WeuAwn om
el ete
COUNSEL FOR DEPARTMENT:
Jeffrey J. Kelly
Assistant General Counsel
Department of Business and
Professional Regulation
1940 North Monroe Street
Northwood Centre
Tallahassee, FL 32399-2202
(850) 488-0062
JIK/TT
Case # 2005-026978, 2005-032030
PC Found 12/06/05
Watts/Weller
Docket for Case No: 07-004568PL
Issue Date |
Proceedings |
Dec. 05, 2007 |
Order Closing File. CASE CLOSED.
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Dec. 05, 2007 |
Motion to Relinquish Jurisdiction filed.
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Dec. 03, 2007 |
Amended Notice of Hearing by Video Teleconference (hearing set for December 6, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to Starting Time).
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Oct. 17, 2007 |
Petitioner`s First Request for Admissions to Respondent filed.
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Oct. 17, 2007 |
Petitioner`s First Request for Production to Respondent filed.
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Oct. 17, 2007 |
Notice of Service of Interrogatories filed.
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Oct. 12, 2007 |
Order of Pre-hearing Instructions.
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Oct. 12, 2007 |
Notice of Hearing by Video Teleconference (hearing set for December 6, 2007; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
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Oct. 11, 2007 |
Joint Response to Initial Order filed.
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Oct. 04, 2007 |
Administrative Complaint filed.
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Oct. 04, 2007 |
Election of Rights filed.
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Oct. 04, 2007 |
Referral Letter filed.
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Oct. 04, 2007 |
Initial Order.
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