U wr] erate ae STH gry STATE OF FLORIDA ait, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION UO JUL 19 PH I2: 0% DEPARTMENT OF BUSINESS AND DVisiGH OF PROFESSIONAL REGULATION, : ADMIN is ; RATIVE HEARINGS Petitioner, vs. Case No. 2000-00539 WILLIAM J. CABLE, — 00~-A95 aL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against , ("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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. At no time material hereto, was Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 4. Respondent's last known address is 14740 Balm Boyette Road, Balm, Florida 33503. 5. Section 489.105(3), Florida Statutes (1997) provides, inter alia, that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others and whose job scope is substantially similar to the job scope described in on of the subsections of Section 1 U , U 489.105(3), Florida Statutes. . 6. Section 489.1105(3)(e), Florida Statutes (1997) provides, inter alia, that a "roofing contractor" is a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds or roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 7. Section 489.113(2), Florida Statutes, (1997), provides that no person who is not certified or registered shall practice contracting in this state. 8. Respondent was a part time employee of All Area Roofing, Inc. ("All Area") and was authorized to contract using their name. 9. At all times material, All Area was qualified by William M. Swatkoski ("Swatkoski"), license number CC C055593. 10. On or about December 20, 1997, Respondent contracted with Robert T. Bliss ("Bliss") to re-roof his residence, using a contract imprinted with All Area's name and license number. | 11. Respondent represented to Bliss that he was an authorized representative of All Area and that there was a five-year warranty on the roof work provided by All Area. 12. In approximately January of 1998, Respondent completed the work on the roof. 13. ‘Respondent accepted three thousand seven hundred dollars ($3,700.00) as payment in full on the contract. 14, All Area was unaware of Respondent's contract with Bliss, performed no work under 2 U , U the contract and received no money for the job. : 15. | On or about December 21, 1997, Respondent contracted with James G. Adamson ("Adamson") to re-roof his residence, using a contract imprinted with All Area's name and license number. ' 16. Respondent represented to Adamson that he was an authorized representative of All Area and that there was a five-year warranty on the roof work provided by All Area. 17. In approximately January of 1998, Respondent completed the work on the roof. 18. Respondent accepted three two hundred dollars ($3,200.00) as payment in full on the contract. 19. All Area was unaware of Respondent's contract with Adamson, performed no work under the contract and received no money for the job. 20. On or about March 28, 1998, Respondent contracted with Jean M. Silk ("Silk") to re- roof her residence, using a contract imprinted with All Area's name and license number. 21. Respondent represented to Silk that he was an authorized representative of All Area and that there was a five-year warranty on the roof work provided by All Area. 22. Respondent completed the work on the roof. 23. Respondent accepted three thousand five hundred dollars ($3,500.00) as payment in full on the contract. 24, All Area was unaware of Respondent's contract with Silk, performed no work under: the contract and received no money for the job. 25. On or about October 22, 1997, Respondent contracted with Linda Ballard ("Ballard") to re-roof her residence, using a contract imprinted with All Area's name and license number. 3 - Sage aor U Nw] 26. Respondent represented to Ballard that he was an authorized representative of All Area and that there was a five-year warranty on the roof work provided by All Area. 27. In approximately December of 1997, Respondent completed the work on the roof. 28. Respondent accepted three thousand two hundred dollars ($3,200.00) as payment in full on the contract. 29. . All Area was unaware of Respondent's contract with Ballard, performed no work under the contract and received no money for the job. 30. On or about December 21, 1997, Respondent contracted with Florence F. Seymore ("Seymore") to re-roof her residence, using a contract imprinted with All Area's name and license number. 31. Respondent represented to Seymore that he was an authorized representative of All Area and that there was a five-year warranty on the roof work provided by All Area. 32. In approximately January of 1998, Respondent completed the work on the roof. 33. Respondent accepted three thousand two hundred dollars ($3,200.00) as payment in full on the contract. 34. , All Area was unaware of Respondent's contract with Seymore, performed no work under the contract and received no money for the job. 35. On or about August 29, 1997, Respondent contracted with Kenneth Campbell ("Campbell") to re-roof his residence, using a contract imprinted with the name and license number of All Action Roofing, Inc. ("All Action"). 36. Atall times material, All Action was qualified by Mark S. Dolan ("Dolan"), license number CC C036978. U | U 37. Respondent represented to Campbell that he was an authorized representative of All Action and that there was a five-year warranty on the roof work provided by All Action. 38. In approximately September of 1997, Respondent completed the work on the roof. 39. Respondent accepted three thousand eighty dollars ($3,080.00) as payment in full on the contract. 40. All Action was unaware of Respondent's contract with Campbell, performed no work under the contract and received no money for the job. COUNT I 41. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 42. The contracting for and/or the performance of the work described in paragraphs ten through fourteen above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes (1997). 43. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. COUNT II 44. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine and fifteen through nineteen as though fully set forth herein. 45, The contracting for and/or the performance of the work described in paragraphs 5 U | U fifteen through nineteen above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes (1997). 46. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. COUNT Il 47. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine and twenty through twenty-four as though fully set forth herein. 48. The contracting for and/or the performance of the work described in paragraphs twenty through twenty-four above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes (1997). 49. Based on ‘the foregoing, Respondent has violated Section 489.127(1)(f}), Florida Statutes (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. COUNT IV 50. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine and twenty-five through twenty-nine as though fully set forth herein. 51. The contracting for and/or the performance of the work described in paragraphs 6 U . OY twenty-five through twenty-nine above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes (1997). 52. Based on the foregoing, Respondent has violated Séction 489.127(1)(f), Florida Statutes (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. COUNT V 53. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine and thirty through thirty-four as though fully set forth herein. 54. The contracting for and/or the performance of the work described in paragraphs thirty through thirty-four above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes (1997). 55. Based on the foregoing, Respondent has violated Section 489.127(1)(0), Florida Statutes (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. COUNT VI 56. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine and thirty-five through forty as though fully set forth herein. 57. The contracting for and/or the performance of the work described in paragraphs 7 Go U thirty-five through forty above constitutes engaging in the practice of contracting pursuant to Section — 489.105(3)(e), Florida Statutes (1997). 58. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes (1997), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attomey’s time; refusal to certify, or to certify with restrictions, an application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. “Signed this A? _ day of Apri , 2000. Department of Business and Professional Regulation Lo Aho LD Nou DEPUTY CLERK ° Cathleen E. O’Dowd Brardont Scholl. Lead Construction Attorney Ome. 4 -2\-2000 WY COUNSEL FOR DEPARTMENT: Robert A. Crabill Assistant General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-2202 RAC/jmh p CP. Aha (3-00 Case #2000-00539

Docket for Case No: 00-002952PL