Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WALTER RAYMOND GOODSON, JR., D/B/A MARKLE CONSTRUCTION, INC.
Judges: T. KENT WETHERELL, II
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Feb. 14, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 18, 2008.
Latest Update: Dec. 23, 2024
Feb 14 2008 15:37
@2/14/2088 16:34 4874258268 WRIGHT FULFORD MOORH PAGE 63/88
—, .
‘
STATE OF FLORIDA
USINESS AND PROFESSIONAL REGULATION
ON INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF
CONSTRU
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATIGN,
>
Petitioner,
Case No. 2005-051076
WALTER RAYMOND GOODSON, JR.,
D/B/A MARKLE CONSTRUCTION, INC.
Respoiudent.
Petitioner, DEPART. T OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, agains. WALTER |KAYMOND GOODSON, JR. D/B/A MARKLE
CONSTRUCTION, INC., ("Respondent"), and says:
1. Petitioner is the| state agency charged with regulating the practice of
contracting pursuant to section 201165, Florida Statutes, and Chapters 455 and 489, Florida
Statutes. .
2. Respondent is, and thas been at all times material hereto, a Certified General
Contractor in the State of Florida,|having been issued license number CG C038679.
3, Respondent's last Inown address of record is 5868 Lake Ville Road, Orlando,
Florida 32818.
Feb 14 2008 15:38
4874258268 WRIGHT FULFORD MOORH PAGE @4/ae
ann .
g2/ld/2aee 15:34
a
4. At all times material hereto, Respondent was the primary qualifying agent for
Markle Construction, Inc.
5. Section 489.1199(1\a), Florida Statutes, provides that all primary qualifying
agents for a business organization are jointly and equally tesponsible for supervision of all
operations of the business organization; for all tield work at all sites; and for financial matters,
both for the organization in genctal and for each specific job.
6. On or about May) 2, 2005, Richard and Sharon Eshleman (“The Eshlemans™)
entered into a contract with Accent Luxury Pools, Inc, (“Accent Taxury”) to install a pool at
the Bshlemans’ home located at 1095 Ronlin Street, Haines City, Florida 33844.
7. The contract contained the Respondent’s license number and the business
name of Accent Luxury.
8 The total amount bf the contract was $24,000.00. The Eshlemans paid Accent
Luxury approximately $23,000.00, or approximately ninety-six percent (96%) of the contract
price, |
9 Accent Luxury is qwned by Roger Goe (“Goe”) and Walter Kenny (“Kenny”).
10. Neither Goe nor lenny have a certified or registered license to practice
contracting,
11, The Respondent agsisted Goe and Kenny to engage in the unlicensed practice
of contracting by allowing Goe an Kenny to use the Respondent’s license number.
12. The Respondent entered into an agreement with Goe and Kenny where the
Respondent would assist Goe
d Kenny with engaging in the unlicensed practice of
contracting by obtaining permits forithe Goe and Kenny.
Feb 14 2008 15:38
g2/ld/2aee 15:34 4874258268 WRIGHT FULFORD MOORH PAGE @5/@8
ms, :
ram
13. On or about July 14, 2005, the Respondent obtained permit mumber BP-05-
01474 from the City of Hain s| City Building Department to assist Goe and Kenny in
completing the contracted project and engage in the unlicensed practice of contracting,
14, The Respondent jabandoned the contracted project on or about August 24,
2005, leaving it incomplete,
15. The percentage pf the contracted project completed by Respondent was
substantially less than the perce thge of the total contract price that the Eshlomans paid the
Respondent.
16. The Respondent ¢ommitted incompetency and misconduct in the practice of |
contracting by assisting Goe and enny in the practice of unlicensed practice of contracting.
COUNTI
17, Petitioner realleges |and incorporates the allegations set forth in paragraphs 1
through 16 as though fully set forth herein.
18. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida
Statutes, by committing incomperency or misconduct in the practice of contracting, |
COUNT OH
19. Petitioner realleges and incorporates the allegations sct forth in paragraphs 1
through 16 as though fully set forth) herein.
20. Based on the foreg! ing, Respondent violated Section 489.129(1)(d), Florida
Statutes, by performing any act which assists a person or entity in engaging in the prohibited
uncertified and unregistered practice of contracting, if the certificateholder or registrant
knows or has reason to know that the person or entity was uncertified and unregistered.
a2/14/ 2888
16:34 4874258268
21. ‘Petitioner realleges
through 16 as though fully set f
22. Based on foregoing
Statutes, by abandoning a cons
contract as a contractor. A projedt
Feb 14 2008 15:38
WRIGHT FULFORD MOORH
™
PAGE
COUNT DI
and incorporates the allegations set forth in paragraphs |
therein.
, Respondent violated Section 489.129(1)(j), Florida
¢tion project in which the contractor is engaged or under
may be presumed to be abandoned after 90 days if the
contractor terminates the project without just cause ot without proper notification to the
. Owner, including the reason for t
consecutive days.
‘23, Petitioner realleggs
through 16 as though fully set fo
24.
Statutes, by committing misma
causes financial harm to a custo
the contractor has abandoned ac
the percentage of the total contradt
unless the contractor entitled to
. the excess funds within 30 days a
WHEREFORE, Petitione
Board enter an Order imposing 9
teprimand the licensee, revoke, s
registration, require financial rest
mination, or fails to perform work without just cause for 90
COUNTIV
and incorporates the allegations set forth in paragraphs 1
herein.
Based on the foregoing, Respondent violated section 489,129(1)(g)(2), Florida
agement or misconduct in the practice of contracting that
eT. Financial mismanagement or misconduct occurs when
Slomer’s job and the percentage of completion is less than
price paid to the contractor as of the time of abandonment,
ain such funds under the terms of the contract or refunds
a
et the date the job is abandoned.
respectfully requests the Construction Industry Licensing
© or more of the following penalties: place on probation,
spend, deny the issuance or renewal of the certificate or
tion to a consumer, impose an administrative fine not to
a6 /ae
Feb 14 2008 15:38
WRIGHT FULFORD MOORH
4874258268 PAGE @7/ae
g2/ld/2aee 15:34
\
exceed $5,000 per violation, fequire continuing e 1 ion, assess costs associated with
investigation and prosecution
455.227(2), Florida Statutes,
impose aiy or all penalties delineated within section
d/or any other relief that the Board is authorized to impose
pursuant to Chapters 489, 455, Hlorida Statutes, and/or the rules promulgated thereunder.
4
aa)
Signed this, 3c" dayof__{ une , 2006.
a .
Brian Elzweig
Assistant General Counsel
COUNSEL FOR DEPARTME E [L D
Brian Elzweig nit of Business and Professional Regulation
Assistant Gencral Counsel Departme AGENCY CLERK
Department of Business and
Professional Regulation .
Office of the General Counsel
1940 N. Monroe Street, Ste. 42 cuteK Soyeda = Woden am
Tallahassee, FL 32399-2202 DATE -\8~ 2006
Case #: 2005-051076 ,
BE/sh
PL Found 323] Cle
anck.
Puy 2b. Cinuns a the
Docket for Case No: 08-000784
Issue Date |
Proceedings |
Apr. 18, 2008 |
Order Closing File. CASE CLOSED.
|
Apr. 17, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Mar. 06, 2008 |
Petitioner`s First Request for Admissions to Respondent filed.
|
Mar. 06, 2008 |
Notice of Service of Interrogatories filed.
|
Mar. 06, 2008 |
Petitioner`s First Request for Production to Respondent filed.
|
Feb. 26, 2008 |
Order of Pre-hearing Instructions.
|
Feb. 26, 2008 |
Notice of Hearing (hearing set for April 25, 2008; 9:00 a.m.; Orlando, FL).
|
Feb. 21, 2008 |
Joint Response to Initial Order filed.
|
Feb. 15, 2008 |
Initial Order.
|
Feb. 14, 2008 |
Election of Rights filed.
|
Feb. 14, 2008 |
Administrative Complaint filed.
|
Feb. 14, 2008 |
Referral Letter filed.
|