Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: ROBERT ALLEN WILSON
Judges: ELEANOR M. HUNTER
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Apr. 07, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 11, 2008.
Latest Update: Dec. 23, 2024
FILED
D(H P& mh P pou
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Case No. 2007-024019
2007-028905
2007-033645
vs.
ROBERT. ALLEN WILSON,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against ROBERT ALLEN WILSON, ("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 C061413.
3. Respondent's address of record is 4311 SW 72™ Way, Davie, Florida 33314.
4. At all times material hereto, Respondent was licensed as the qualifying agent for
)
Roll-Tek Industries, Inc., a Florida corporation (hereinafter referred to as "Contractor"). The
Contractor’s qualified business organization certificate of authority (“QB license”) number
QB39097 expired on or about August 31, 2007 due to non-renewal on or before that date, and
was not subsequently renewed.
5. Section 489.1195(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. The Contractor failed to renew its QB license as required by Section
489.119(2)(d), Florida Statutes.
| COUNTI
7. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six as though fully set forth in this Count I.
8. Section 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of
authority must be renewed every 2 years. . |
9. Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida
Statutes (2005), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board. .
Case Number 2007-024019
10. On or about March 6, 2006 the Contractor entered into a written contract with
Ronald Frey (hereinafter referred to as “Frey”) for the installation of hurricane shutters at Frey’s
residence located at 2611 N. Riverside Drive, Apt. #707, Pompano Beach, Florida.
2
) )
11. The contract price was Five Thousand Seven Hundred Seventy Seven dollars
($5,777.00).
; 12. The contract did not include an explanation of the consumer’s rights under the
Florida Homeowner’s Construction Recovery Fund.
13. The contract did not include the Respondent’s license number or the Contractor’s _
QB license number.
14, Pursuant to the contract, on or about April 1, 2006 Frey paid the Contractor a
down payment of One Thousand Seven Hundred Thirty Three dollars ($1,733.00).
15. Without just cause, the Contractor failed to commence the project and failed to
refund any of the monies paid by Frey.
COUNT
16. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and ten through fifteen as though fully set forth in this Count IL.
17. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair,
restoration, improvement, or construction to residential real property must contain a written
statement explaining the consumer’s rights under the Florida Homeowners’ Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500.
18. _ Based upon the foregoing, the Respondent violated Section 489. 129(1)(i),-Florida
Statutes (2008), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
COUNT I
19. Petitioner realleges and incorporates the allegations set forth in paragraphs one
) )
through six and ten through fifteen as though fully set forth in this Count IIL.
20. — Section 489.119(6)(b), Florida Statutes, provides: the registration or certification
number of each contractor or certificate of authority number for each business. organization shall
appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of
medium, as defined by board rule, used by that contractor or business organization in the practice
of contracting.
21. Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida
Statutes (2005), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
COUNT IV
22. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and ten through fifteen as though fully set forth in this Count IV.
23. Based upon the foregoing, the Respondent violated Section 489. 129(1)(j), Florida
Statutes (2005), by abandoning a construction project in which the contractor is engaged or under
contract asa contractor. A project may be presumed abandoned after 90 days if the contractor
terminates the project without just cause or without proper notification to the owner, including
the reason for termination, or fails to perform work without just cause for 90 consecutive days.
COUNT ¥
24. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and ten through fifteen as though fully set forth in this Count V.
25. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2,
Florida Statutes (2005), by committing mismanagement or misconduct in the practice of
contracting that causes financial harm to a customer. Financial mismanagement or misconduct
occurs when the contractor has abandoned a customer’s job and the percentage of completion is
less than the percentage of the total contract price paid to the contractor as of the time of
abandonment, unless the contractor is entitled to retain such funds under the terms of the contract
or refunds the excess funds within 30 days after the date the job is abandoned.
Case Number 2007-028905
26. On or about February 21, 2006 the Contractor entered into a written contract with
Marjorie Hauser (hereinafter referred to as “Hauser”) for the installation of hurricane shutters at
Hauser’s residence located at 2611 N. Riverside Drive, Apt. #1107, Pompano Beach, Florida.
27. The contract price was Three Thousand Six Hundred Sixty Seven dollars
($3,667.00).
28. The contract did not include an explanation of the consumer’s rights under the
Florida Homeowner’ s Construction Recovery Fund. .
29. The contract did not include the Respondent’s license number or the Contractor’s
QB license number.
30. Pursuant to the contract, on or about February 21, 2006, Hauser paid the
Contractor a down payment of One Thousand One Hundred dollars ($1,100.00).
31. Without just cause, the Contractor failed to commence the project and failed to
refund any of the monies paid by Hauser.
COUNT VI
32. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and twenty six through thirty one as though fully set forth in this Count VI.
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33. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair,
restoration, improvement, or construction to residential real property must contain a written ©
statement explaining the consumer’s rights under the Florida Homeowners’ Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500.
34. Based upon the foregoing, the Respondent violated Section 489.129(1)Q), Florida
Statutes (2005), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
COUNT Vi
35. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and twenty six through thirty one as though fully set forth in this Count VIL
36. Section 489.119(6)(b), Florida Statutes, provides: the registration or certification
number of each contractor or certificate of authority number for each business organization shall
appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of
medium, as defined by board rule, used by that contractor or business organization in the practice
of contracting. .
37, Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida
Statutes (2005), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
COUNT Vil
38. __ Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and twenty six through thirty one as though fully set forth in this Count VIIL
39. Based upon the foregoing, the Respondent violated Section 489.129(1}j), Florida
6
} }
Statutes (2005), by abandoning a construction project in which the contractor is engaged or under
contract as a contractor. A project may be presumed abandoned after 90 days if the contractor
terminates the project without just cause or without proper notification to the owner, including
the reason for termination, or fails to perform work without just cause for 90 consecutive days.
COUNT IX
40. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and twenty six through thirty one as though fully set forth in this Count IX.
41. Based upon the foregoing, the Respondent violated Section 489,129(1)(g)2,
Florida Statutes (2005), by committing mismanagement or misconduct in the practice of
contracting that causes financial harm to a customer. Financial mismanagement or misconduct
occurs when the contractor has abandoned a customer’s job and the percentage of completion is
less than the percentage of the total contract price paid to the contractor as of the time of
abandonment, unless the contractor is entitled to retain such funds under the terms of the contract
or refunds the excess funds within 30 days after the date the job is-abandoned.
Case Number 2007-033645
42. On or about February 21, 2006 the Contractor entered into a written contract with
Domenic J. Catalano (hereinafter referred to as “Catalano” for the installation of hurricane
shutters at Catalano’s residence located at 2611 N. Riverside Drive, Apt. #1006, Pompano Beach,
Florida. .
43. The contract price was Four Thousand Nine Hundred Ninety Four dollars
($4,994.00).
44. — The contract did not include an explanation of the consumer’s rights under the
) j
Florida Homeowner’s Construction Recovery Fund.
45. The contract did not include the Respondent's license number or the Contractor’s
QB license number. |
46. ~. Pursuant to the contract, on or about February 21, 2006; Catalano paid the
Contractor a down payment of One Thousand Four Hundred Ninety Eight dollars ($1,498.00).
47. Without just cause, the Contractor failed to commence the project and failed to
refund any of the monies paid by Catalano.
COUNT X
48. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and forty two through forty seven as though fully set forth in this Count X.
49. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair,
restoration, improvement, or construction to residential real property must contain a written |
statement explaining the consumer’s rights under the Florida Homeowners’ Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500. —
50. _ Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida
Statutes (2005), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
COUNT XI
51. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and forty two through forty seven as though fully set forth in this Count XI.
52. Section 489.119(6)(b), Florida Statutes, provides: the registration or certification
number of each contractor or certificate of authority number for each business organization shall
appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of
medium, as defined by board rule, used by that contractor or business organization in the practice
of contracting.
53. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida
Statutes (2005), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
. COUNT XH
54. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and forty two through forty seven as though fully set forth in this Count XII.
55. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida
Statutes (2005), by abandoning a construction project in which the contractor is engaged or under
contract as a contractor. A project may be presumed abandoned after 90 days if the contractor
terminates the project without just cause or without proper notification to the owner, including
the reason for termination, or fails to perform work without just cause for 90 consecutive days.
COUNT Xm
56. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through six and forty two through forty seven as though fully set forth in this Count XI.
57. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2,
Florida Statutes (2005), by committing mismanagement or misconduct in the practice of
contracting that causes financial harm to a customer. Financial mismanagement or misconduct
occurs when the contractor has abandoned a customer’s job and the percentage of completion is
less than the percentage of the total contract price paid to the contractor as of the time of
PC Found: January 22, 2008.
Div. I: Kalmanson & Wilford
a
abandonment, unless the contractor is entitled to retain such funds under the terms of the contract
or refunds the excess funds within 30 days after the date the job is abandoned.
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 _ zat day of fare 4 “20048
"TV hevetios. R.. E
THEODORE R. GAY
ASSISTANT GENERAL COUNSEL
COUNSEL FOR DEPARTMENT:
Theodore R..Gay
Assistant General Counsel :
Department of Business and F | L E D
Professional Regulation rtment of Business and Professional Reguiatien
8240 NW 52nd Terrace, #304 Depa DEPUTY C
Miami, FL 33166 . of.
(305) 470-6783 Ext, 2225 Prandtl Michele
CLERK 2008
TRG/sb Z- =
Case Nos. 2007-024019, 2007-028905, 2007-033645
10
Docket for Case No: 08-001646PL
Issue Date |
Proceedings |
Jun. 11, 2008 |
Order Closing File. CASE CLOSED.
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Jun. 10, 2008 |
Joint Motion to Cancel Hearing and to Relinquish Jurisdiction filed.
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Jun. 06, 2008 |
Notice of Transfer.
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Jun. 06, 2008 |
Petitioner`s Witness List (no exhibits filed) filed.
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May 13, 2008 |
Order Granting Petitioner`s Motion Concerning Testimony by Telephone.
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May 12, 2008 |
Petitioner`s Motion Concerning Testimony by Telephone filed.
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Apr. 28, 2008 |
Order of Pre-hearing Instructions.
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Apr. 28, 2008 |
Notice of Hearing by Video Teleconference (hearing set for June 13, 2008; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Apr. 24, 2008 |
Petitioner`s Conferred Response to Initial Order filed.
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Apr. 21, 2008 |
Notice of Taking Deposition filed.
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Apr. 15, 2008 |
Order Granting Additional Time to Respond to Initial Order (response to the Initial Order shall be filed by April 24, 2008).
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Apr. 14, 2008 |
Petitioner`s Request for Additional Time to Respond to Initial Order filed.
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Apr. 07, 2008 |
Initial Order.
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Apr. 07, 2008 |
Election of Rights filed.
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Apr. 07, 2008 |
Administrative Complaint filed.
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Apr. 07, 2008 |
Agency referral filed.
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