fare vanes eet meres PROFESSIONAL REGULATION, Ww | Ww PILED STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGOUULTHON AH II: 7 CONSTRUCTION INDUSTRY LICENSING BOARD piyicing 4. DIVISION I ADMINISTRATIVE HEARINGS DEPARTMENT OF BUSINESS AND go-ap be PL Petitioner, - DBPR Case No. 98-22649 y. | GLENDA DALE ROTHLEIN, Respondent. | ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL “REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board against Respondent, GLENDA DALE ROTHLEIN, and says: Le Petitioner is the state agency charged with regulating the practice of ~¢ontracting putsuant to Section 20.165, Florida Statutes, and. Chapters 455 and 489, Respondent is, “and has been at all times material hereto, a CERTIFIED Florida, having been issued license number — CBCOS66I7, ee gee I REE lat A Nd 3. Respondent's last known address is P.O. Box 894, Windermere, FL 34786. : 4, At all times material hereto, Respondent was’ the licensed qualifier for Unit Contracting Corp., and therefore, responsible for all of its contracting and financial ; activities. a . 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. On or about October 10, 1998, the Respondent signed and later submitted to the Construction Industry Licensing Board a certification change of status form seeking to cease qualifying Unit Contracting Corporation and to begin qualifying Florida, ~~ Restoration Group, inc. CFRG”). 7. Charles Risten, another licensee and a qualifier of ERG, also signed the . form as the President of FRG, 8. In the section entitled “ “Financial Responsibility” on the form, the : “instructions indicated that “If you are applying to qualify a corporation, partnership, or other legal b business entity, officers of that entity must also explain if any of the below 7 would erin to them. THe would include the president, vice president, secretary, and/or partners or owner of the proprietorship.” Paneer Sanne 9. In this section, Respondent answered “0” to the questions “Have you, the business organization, ‘or any of the above mentioned individuals in any capacity ever: (c) Undertaken construction contracts or work which resulted in liens, suits, or judgments being filed? and (f) Been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any other state, been ‘subject to’ any disciplinary action by a state, ‘county, or municipality?” 10. ‘The Respondent failed to disclose that Risten had been the subject of DBPR_ case _ number 93-09202 where probable cause was - found and discipline was rendered against him when he was issued a citation on or about October 13, 1993. 11. The Respondent failed to disclose that Risten had been the subject of DBPR case number 93-20474 where probable cause was found and discipline was or rendered against I him when he wag issued a citation on or about August 8, 1994. 12. The Respondent failed to 0 disclose that 0 on May 31, 1995, Flex-Membrane International had a civil judgment in the amount of $32,640.61 awarded against Risten in civil case e number 94-22237-CA-15-E in Seminole County Circuit Court, which had still “not been satisfied. 13. The Respondent failed to disclose that Risten had a contracting related civil s suit, case number 98- 1591 CA, filed against him and FRG i in Santa Rosa County by Janice Byars on or about July 13, 1998. bb é of the licensee’ pro rw / 14. The Respondent failed to disclose that Risten had a contracting-related civil suit, case number 98-1592-CA, filed against him and FRG in Santa Rosa County by Ginger Current on or about July 13, 1998. 15. The Respondent failed to disclose that Risten had a contracting-related civil suit, case : numnber 98-1593-CA, filed against him and FRG in 9 Santa Rosa County by Anthony DeCalvo on or about July 13, 1998. 16. The Respondent failed to disclose that Risten had a contracting-related civil suit, case number 98-1594-CA, filed against him and FRG in Santa Rosa County by Jack Sheedy on or about July 13, 1998. ~ COUNT I 17. Petitioner realleges and imoorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. . 18. Respondent violated Section 455.227(1)(a), Florida Statutes (1997), by making misleading, deceptive, or fraudulent representations in or related to the practice ion. 19. “Based on the “foregoing ‘the Respondent violated Section 489.129(1)(c), Florida : Statutes 1997), by violating any Provision of f chapter 455. COUNT I i? 20. Pettoner salle and inonporates the allegations set forth in Paragraphs One through ‘Sixteen 2 as ; though fully set ‘orth herein, fee ann ll ee HB ie oA 'w) . wd * 21. Respondent violated Section 455.227(1)(h), Florida Statutes (1997), by attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1997), by violating any provision of chapter 455. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board to enter an Order imposing one or more of the following penalties: place the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to the 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. J) day of AAP __, 2000. FILED Department of Business and Professional Regulation bons By: Cathleen E. O’Dowd CLERK Prprdotttidele Lead Construction Attorney DATE _u- 1S- 182000 (Per) Moreh 22, 2000 Division L: Crene Simmens/ as menifir ae . poe ae COUNSEL FOR DEPARTMENT: Matthew S. Casey Senior Attorney FL Bar Number: 0115320 Department of Business and Professional Regulation Northwood Centre ~ 1940 North Monroe Street Tallahassee, FL 32399-0792 Case# 98-22649

Docket for Case No: 00-002758PL