_ S) ) fy | aD , Softy, 1, i Dig blop, Ro : MEST on SP dba Ge STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I |... DEPARTMENT OF BUSINESS AND ~ PROFESSIONAL REGULATION, Petitioner, 00-3737 Case Nos. 98-22282, 938- 22639, 98-18167 vs. FRANK VALENTINO, Respondent. Pears Petitioner, DEPARTMENT OF SS AND PROFESSIONAL |, REGULATION, ("petitioner"), files this Administrative Complaint censing Board, against FRANK _ Statutes, hereto, a Certified Residential Contractor, in the State of | Florida, having been issuec umber CR C002330. acai lk i a lll Rl il a i i iii i ka Respondent! s ast ‘known a ress is 3221 SE ‘Court, 3 stuart, ‘Florida 34997 and 1233 “48th Street, West Palm beach, Florida 334 Ss for all of its” stracting activities. FACTS PERTAINING TO CASE NUMBER o8- 22282 rt Be Petitioner “realleges and incorporates the allegations ‘set forth in paragraphs one | through four as though fully set in this cs unt Te eo On 6r about August 2, 1997, the Contractor contracted with Henry Novis (hereinafter referred to as “Novis”) to clean comgea apply a coat. of Dur-a-Shield to the “Yoot and patio deck at hey 1961 Corsice Drive Wellington, Florida for Two Thousand, Three Hundred Forty Four dollars (82, 344, 00) » ‘full contract ‘price. 8. The contract contained a five year yerranty. 9 In or about August, 1997, the Contractor applied a the application, the substance applied to the lien nelle Rae i eka. ac i il lB Nl i ll al ll ie ils i cal i. ot Ak. MR RRR om RRR “11. the Contracté# Sppiied an inferior product to Novis’ 12. The Contractor failed to perform corrective work on = Novis’ ‘roof. “iss “Applying an inferior ‘product to the customer’ s roof and “failing to perform corrective Work constitutes misconduct in the practice of contracting. ala. Based on the foregoing, the Respondent violated Section Le 489. 212914) (n), Plorida Statutes (1997), by committing incompetency or misconduct in the ‘practice of, contracting. 16. on or about “March 35. 4997, the Contractor contracted with Daniel Harvey (hereinafter referred to as “Harvey”) to apply oot, t 1878 ardle Road North Palm Beach, ay LR. tion) to y residential real prope: “materials ¢ does. ide ik a ll Hl ik RR it i, San RRBs A. amit is i a i i a ie Sai lil lke el Rl tH ca ies 489, 3292) Gy Florida rule ‘or lawful order of the e set forth in 1 paragra Recovery Fund. 19.) The foregoing constitutes a violation of the aforesaid Section « of Chapter 189, Florida Statutes. 20. “Based on the foregoing, the espondent ‘violated Section ta utes (1997), by failing 3 in any material respect to comply with the x provisions ‘of ‘this “part or “yiolating a card. COUNT III - Petitioner realleges and incozporates ‘the allegations one , through four, “six “through thirteen and sixteen through nineteen as though ‘fully set forth in this Count Il. 22, The contract with Harvey contained a five year Bo! e Contractor the full contract price. t to Harvey's applied to > Harvey’ s “property peeled. : 26. The Contractor ‘failed perform corrective work on 27. ‘ior product and failing to. perform “corrective work constitutes isconduct in ‘the practice of se contracting. “Based o1 on the. foregoing, the Respondent violated Section e318) Ga. Florida Statutes ( 997), by committing incomparaney or misconduct in the practice of contracting. 228. Petitioner realleges and incozporates the allegations : set forth in ‘paragraphs | one through four, “six through thirteen, : sixteen through nineteen and ‘twenty two through twenty seven as si vali: adi Re ail. i i a ls ii though fully set. forth in “this Count Iv. 30. On or “about 6 ber 13, ‘1995, the Contractor contracted with Edward” Jankovic (h ‘einafter referred ‘to as “Jankovic”) to , B on, Florida for a iil ee ale i iii win t, . 31. ‘On or about October 13, 1995, Jankovic paid the Contractor One Thousand dollars ($1,000.00) toward the aforesaid ~ inspections. ci i ie ia as a il afi ltl ll kk we a ain i a ah a an “slope resulting n pC nding and alga v the. city of Boca Raton Building Department. 34. Based on ‘the going, ‘the Respéndent violated section ’ 489. 129(2) (Py Florida Statutes (1995), by proceeding | on any job ; without obtaining ‘applicable local ud ding department permits and count vy 35. Pe i ioner realleges ‘and 3 incorp rates ‘the allegations set forth in aregrechs one through four, six through thirteen, sixteen ‘through, nineteen, ‘twenty “two through twenty seven and thirty through thirty three as ; though fully “set forth in this - Count Vv. oe 36. The ‘flat “roof that the ‘con t actor installed contained numerous deficiencies, including, but ‘not limited to: improper growth, uneven roof “conditions, voids between the membrane and metal lashing at the roof petineter and improper stripping of the. ‘metal at the year’ eaves . etitioner respectfully requests the Construction Indust 4 Licensing Board enter an “Oxder imposing one r more of, the following penalties: ‘place 0 on : probation, sus end, deny the issuance or : eprimand ‘the i cens e renewal of the certificate (OF “registration, require "financial restitution ‘to a “consumer, impose an “administrative fine ‘not to eC “continuing education, impose any oe all penalties delineated within Section 455. 2272), | Florida statutes, and/or any, other, relief that the. Board is ‘authorized to impose pursuant | to Chapters 489, 455, Florida so AK i i i RR Ns RB Li sk: Ma i, Wi ik, i a i Statutes, and/or ‘the rules promulgated | thereunder. Signed ‘this “day of V6 Viren hoy , 1999. - CATHLEEN E. O’ DOWD, LEAD ATTORNEY Peake 2 ood _ COUNSEL FOR DEPARTMENT “'Sénior Attorney Department of Business and a . POP: 9B) U4) OA Mews yew Sarvonens FILED. Department of Business and Professional Regulation DEPUTY CLERK: be. 98-22282, “9721/99 RCAC

Docket for Case No: 00-002737PL