FI l ED

Dll!l11'1rr1mtrJf Bll!Nlll Md -I lil!Q!jl Ubfl

1:111!11"1/tJ AIJ!!nciy Cl

0-EAJI:

o...

"""'

a. UlWton.Pracklt

11110/2010

02/09/2011 02:34 8509219185 DBPR PAGE 03/23

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner, Case No: 2008-032925

v.

ERIC SHANE SMALLEY, D/B/A ATLANTIC ROOFING & EXTERIORS, LLC.

Re,;pondent.

ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGTJl,ATION, ("Petitioner"), files this Administrative Complaint before the consticuction Industry Licensing Board, against ERIC SHANE SMALLEY, ("Respondent"), and says,

l. Fetitioner: is the state agency charged with regulating th!!! practice of contl'.acting purs1lant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida statutes.

2. At all times material to this Complaint, Respondent was licensed to picactice contracting within the State of Florida puJ::suant to Chapters 455 and 489, Florida Statutes, as a Division lI Contractoic, having been issued license number CCC

1326702.

:•,

Respondent•s address of recol'.d is 1.10 Hammond Pond

Circle, Melrose, FL, 32666,

Doc'IJ.tneIIt in Unnt11ned

02/09/2011 02:34 8509219185 DBPR PAGE 04/23

4. At all times material hereto, Respondent the primary qualifying agent for, and doing busine$$ as, Atlantic Roofing t E>:teriors, LLC., ("Atlanticn).

s. 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 operation$ of the business organization: for all field work at all sites; andfor financial matters, both for the organization in general and for each specific job.

1. On or about March 10, 2008, Respondent entered into a contract with Jane Graudons, ("Graudons"), ta reroof the residence located at ?.15 SE 5'h Street, Melrose, FL, 32666,

2. The contract price totaled $5,894.00 and Subject receiveid an initial payment totaling $3,000.00

9. Subject was fully compensated within 7 days of the cont,act date.

1. No permit or final inspections were obtained for the J?roject.

   COUNT ONE

2. l?etitioner re-a,lkges and incorporate$ the allegati.ons set forth n paragraphs one (1) through nine (9) as though fully set forth herein.

   
   

   Occum t in Unname:1 •

   02/09/2011 02:34 8509219185 DBPR PAGE 05/23

   
   

3. Section 489.129(1) (o), Florida Statutes, prohibits "Proceeding on any job without obtaining applicable local building permits and inspections.

4. Based upon the facts set forth above, Respondent violated section 489.129(1) (o), Florida Statutes, in one or more ot the following way$:

   1. By failing to obtain a permit on the Graudons project.

      bl By failing 'to obtain inspections on the Graudons project.

5. Based on the toregoing, Respondent violated Section 489.129(1) (o), in that respondent failed to obtain the requisite permits and inspections on the Graudons project.

   
   

   
   

   COUN'l' TWO

   
   

6. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one {1 l thxough nine ( 9) as though fully set forth herein.

l.5. Section 48.9.126(2) (a), Florida statutes, provides in part that "a contractor who receives, as ini t1al payment, money totaling more than 10 percent of the contract price for repair, reatoration, or improvement, or construction to residential r al property must apply for permits necessary to do the work within 30 days after the date payment is made..."

t,aCllffll!!Tl.t ln Unnami1Jd

02/09/2011 02:34 8509219185 DBPR PAGE 05/23

1. Section 489.129(1) (i), Florida statutes, provid<as disciplinary action for, Failing in any 11\ater.lal .:espect to comply with the provisions of this part or violating a rule or lawful order of the board.".

   Based upon the facts sst forth above, Respondent violated secti.oi, 489.129(1)(i), Florida Statutes, by failing to comply with Siection 489.126(2)(a), Florida Statutes, in that Respondent failed to apply for a permit within 30 days aftier r<aceiving over 10 percent of the contract price.

2. Based on the 489.129(1) (1), Florida Section 489.126(2)(a),

   fo.:egoing, Respondent Statutes, by failing Florida Statutes, J.n

   violated section to comply with that respondent

   failed to timely apply for a permit.

   
   

   COUNT THREE

3. Petitioner re-alleges and inco.:porates the allegations set forth in paragraphs one (1) through nine (9) as though fully set forth h rein.

4. Section 489.129(1)(m), Florida Statutes, prohibits: "Committing incompetency or misconduct in the practice of contracting."

5. Based upon the facts set forth above, Respondent violated section 489.129(1)(m), Florida statute:;;, in the following ways:

   •

   02/09/2011 02:34 8509219185 DBPR PAGE 07/23

   
   

   1. By failing to obtain building per:m1ts and final inspections for the Graudons project from the local building department in violation of section 489.129(1) (o), Florida Statutes.

   2. By failing to apply for a building permit on the Graudons project within 30 days after receiving

      over 10 percent of the contract price, in violatipn of section 4M.129 (1) (i), Florida statutes.

6. Based on the foregoing, Respondent violated Section

489.129 (1) (ml, Florida Statutes, failing to obtain permits and final inspections on the GraudOn$ project.

WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one o, more of the :eollowi,ig p"'na,l tie$: place on probation, reprimand the licensee, revoke, susp<!!nd, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine net to exc.,.,d $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any er all penalties delineated within Section 45S.227 (2), Florida Statutes, and/o, any othe, i:elief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder.

DoeumMtt in Utmllfflod

D PR v. SMALLEY ril t 2008-032925

Adrn:l.nistrati COffll?lQ:l.nt

rage 6 of 7; Signrttur P g

Signed this 30th day of September, 2010.

CliARLIE LIEM, Secretary Department of Business and Professional Regulation

By:  7ames 'Fortunas             

James Fortunes

Assistant General Counsel Fl. Bar No. 21635

Department of Business and Professional Regulation

Office of the General counsel 1940 N. Monroe street,ste. 42

Tallahassee, FL 32399-2202

(850) 488-0062 Office

(950) 921-9196 Facsimile

PC Found 10/26/?,010 Members: Engelemeier/Moody

Document in Unns:mcd

MOTICB OF RlGHTS

Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.1111 Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

!<OTlCE limGAAPl))IG ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred

         costs related to the investigation and prosecution of this Pursuant to section 55.227(:,) (a), Floi:-ida Statutes,

the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attoi:-ney's time, against the Respondent in addition to any other discipline imposed.

.OQCl.lm(!l'.lt :b:i. U,-irimJu?I;!

Docket for Case No: 11-000671