U U nN O° ff : 0 ° a oe STATE OF FLORIDA MSO DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION“, ys % CONSTRUCTION INDUSTRY LICENSING BOARD Muse, 1: 2 DIVISIONIT ~ Sit NG DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 97-14708 — 3 vs. : i) O- ‘ OS CHARLES R. RISTEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHARLES RISTEN, ("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 roofing contractor, in the State of Florida, having been issued license number CR C033721. . 3. Respondent's last known address is 442 Spring Hammock Court, Longwood, Florida 32750. 4. At all times between October 9, 1989 and August 17, 1994, Respondent was licensed as qualifying agent for TRI CITY BUILDING MAINTENANCE, INC., and as such, was responsible for the acts, omissions and financial conduct of the business organization, as it relates to contracting. WY WY 5. On or about February 9, 1994, Respondent on behalf of TRI CITY BUILDING MAINTENANCE, INC., (hereinafter TRI CITY) executed a roofing contract with Costa Del Sol Condominium Association, (Brevard County, Florida) to perform repairs on the condominium’s existing roof. 6. Respondent signed the aforesaid contract on behalf of TRI CITY as “C.E.O.” of the company. 7. On or about February 17, 1994, Respondent signed a balance statement indicating TRI CITY received payment from Costa Del Sol Condominium Association for work and materials furnished in the amount of $21,600.00. 8. On or about April 6, 1994, Respondent signed a waiver of lien indicating TRI CITY received payment from Costa Del Sol Condominium Association for work and materials furnished in the amount of $21,600.00. 9. In or around February or May 1994, Respondent signed a “Request For Flex Guarantee” form for the Costa Del Sol Condominium Association roofing project in which Respondent identified himself as “C.E.O.” for TRI CITY. 10. Between February 9, 1994 and June 2, 1994, TRI CITY placed orders for and received roofing materials from Flex-Membrane International totaling approximately $36,037.50. 11. On or about November 17, 1994, Flex-Membrane International filed civil case # 94- 2237-CA-15-E in Seminole County Circuit Court against Respondent and TRI CITY alleging non-payment for some of the materials furnished to Respondent and TRI CITY. 12. On May 31, 1995, Flex-Membrane International was awarded a civil judgment (#94- 2237-CA-15-E) in the amount of $32,640.61 in civil case # 94-2237-CA-15-E against Respondent. wy WY 13. Respondent failed to satisfy the aforesaid $32,640.61 civil judgment (including court costs, pre-judgment interest and attorney’s fees). COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 15. Based on the foregoing, Respondent violated Chapter 489.129(1)(r), Florida Statutes (1997) by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. 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 or remedies 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 f? 2 day of Vovemtt 1998 Henry P. Osborne F | [ F D Acting Secretary Department of Business and Professional Regulation x AGENCY CLERK / te. , Gary L. Asb Senior Attorney CLERK Soa ody X. [Wedomn om vate__1/-23-98 COUNSEL FOR DEPARTMENT: Gary L. Asbell Senior Attorney Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 GLA/tb Case # 97-14708 PCr Lawsen + Cowart {I-18 -98

Docket for Case No: 00-003053PL