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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs DAVID SANTO URSO, 07-004568PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004568PL Visitors: 46
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.
Dec. 05, 2007 Motion to Relinquish Jurisdiction filed.
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).
Oct. 17, 2007 Petitioner`s First Request for Admissions to Respondent filed.
Oct. 17, 2007 Petitioner`s First Request for Production to Respondent filed.
Oct. 17, 2007 Notice of Service of Interrogatories filed.
Oct. 12, 2007 Order of Pre-hearing Instructions.
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).
Oct. 11, 2007 Joint Response to Initial Order filed.
Oct. 04, 2007 Administrative Complaint filed.
Oct. 04, 2007 Election of Rights filed.
Oct. 04, 2007 Referral Letter filed.
Oct. 04, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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