STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND a K~ osyy PROFESSIONAL REGULATION, Petitioner, v. Case No. 2006-034622 FREDERICK L. PAYETTE, D/B/A SLM SERVICES, INC., D/B/A INDIAN RIVER ROOFING, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), | files this Administrative Complaint before the Construction Industry Licensing Board, against FREDERICK L. PAYETTE, D/B/A SLM SERVICES, INC., D/B/A INDIAN RIVER ROOFING, ("Respondent"), aud 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 Building Contractor in the State of Florida, having been issued license number CB C058436, which is current and active, and a Certified Roofing Contractor in the State of Flonda, having been issued license number CC C057726, which is current and active. 3. Respondent's last] known address of record is 10550 W. State Road 84, L92, Davie, Florida 33324. 96/28 3Vvd HYOOW GYOI1INS LHOTSM B9ZOG2rLeP 6p:€T Saez ~2/Ta To:¢T 8002 6¢ UPL 4. At all times matenal hereto, Kespondent was the qualifying agent for Indian River Roofing, and SLM Services, Inc. CertiGcate of authority number QB23326 is issued la SLM Services, Inc., doing hnsiness as Indian River Roofing, and is delinquent. 5. Section 489.1 195(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 January 3, 2005, Indian River Roofing contracted with Joseph Bohlinger (Bohlinger”) to re-noof the Bohlinger residence located at 5615 Las Brisas Drive, Vero Beach, Flonda. 7. The contract price was $44,600.00 and Bohlinger paid a deposit in the amount of $14,860.00 to Indian River Roofing. 8. No work was ever performed on the project and Indian River Roofing failed to retum the deposit to Bohlinger despite not performing any work. 9. On or about October 19, 2005, in the County Court of the 19" Judicial Circuit In and For Indian River County, Florida, Jerry Bohlinger obtained a Final Judgment against SLM Services, Inc., doing business as| Indian River Roofing, in the amount of $15,140.00. 10. The Final Judgment relates to the practice of contracting and the deposit Bohlinger paid to Respondent for his roofing contract. 1. Indian River Roofing has failed to pay the aforementioned Final Judgment and there ie no mutually agreed upon payment plan to, satisfy the judgment. ty 9$B/E8 390d HYOOW GYOI7N4 LHOTaM Q9Z@SZ>2 OP By:El BeaZ - 2/18 TS:€T 8002 62 uel XA. ML 12. Rule 61G4-17.001(23), Florida Administrative Code, states in part that for the puipuscs of section 489.129(1)(r) [now 4%9.129(1)(q)], Florida Statutes, “reasonable time" means ninety (90) days following the cntry of a civil judgment that is not appealed. 13. Based on the foregoing, Respondent violated section 489.129(1)(q), Florida Statutes, by failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against a licensee or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. 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 $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), | Morida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. 98/P@ 39d HaOOW dads1N4 LHOTYM Q9Z@SZ2P20b Bp-ET Babe .2/1B ES:$T 8002 6¢ ur ~ SN Signed this /2 __ day of (LL, 2007, Assistant General Counsel PC. © TV2007 F VL protessional Regulation Siu COUNSEL FOR DEPARTMENT: Department of UI GENCY CLERK Jeffrey Kelly Assistant General Counsel Department of Business and CLERK Sores f . Professional Regulation 3-14: 2007 Office of the General Counsel DATE 1940 N. Monroe Street, Ste. 42 : Tallahassee, FL 32399-2202 | IK/ad Case No: 2006-034622 | 96/SB 39Vd HaOOW daodswWsa LHOTaM B9ZOSZb/4b 6p:€T Bbec ESET 8002 GE UPL 2/18

Docket for Case No: 08-000544