STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. | Case No. 99-05633 © | -O3 TAR RALPH K. WILSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RALPH K. WILSON, ("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 General Contractor, in the State of Florida, having been issued license number CGC007449, his license is currently in active status, : 3. Respondent's last known address is 1232 Ferdinand Street, Coral Gables, Florida 33134. 4, At all times material hereto, the Respondent was licensed to practice contracting as Associates Home Construction Corp. 5. At no time material hereto did Respondent possess a certificate of authority for Associates Home Construction Corp., as required by Section 489.119(2), Florida Statutes. 6. On or around January 5, 1998, Miguel Garcia, an employee of Associates Home Construction Corp., contracted with Donna Reid to reroof her home located at 19910 SW 81* Court, Miami, Florida. 7. The contract price was $4,600.00. 8. On or around January 5, 1998, Miguel Garcia, an employee of Associates Home Construction Corp., contracted a second time with Donna Reid to repair the roof of her home located at 19910 SW 81% Court, Miami, Florida. 9. The second contract price was $5,830.00. 10. The contract did not contain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 11. Both contracts include Respondent’s license number and were contracted in the name of A. H. C. Roofing Corp. 12. Atno time material hereto was Respondent licensed to practice contracting as A. H. C. Roofing Corp. 13. Atno time material hereto did Respondent possess a license which would include reroofing within its scope, as required by Section 455.227(1)(0), Florida Statutes. 14, On or around February 5, 1999, Reid paid Garcia $1,000.00 for A. H. C. Roofing Corp.’s work on the project. 15 On or around February 9, 1999, work on the Reid property ceased. 16. At the time construction ceased, the project was incomplete. 17, A.H. C. Roofing Corp. failed to complete the project or return payment within ninety days of ceasing construction. COUNT] 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count I. 19. Based upon the foregoing, Respondent violated Section 489.129(1)(g), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count IJ. 21. Section 489.119(2), Florida Statutes, provides that if an applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board. QUNT Il 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count HI. 24. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 25. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count IV. 27. Based upon the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. o COUNT V 28. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one throughseventeen as though fully set forth in this Count V. 29. Section 455.227( 1)(0), Florida Statutes, provides grounds for discipline ifa licensee practices or offers to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. 30. Based upon the foregoing, Respondent violated Section 489.129(1)(c), Florida Statutes, by violating any provision of Chapter 455. 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 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. FILE D Signed this Aan day of faust , 2000. of Business and Profassional Regulation DEPUTY CLERK PCP: August 29, 2000 Alford & Burke COUNSEL FOR DEPARTMENT: Patrick F. Creehan | ‘ Assistant General Court Department of Business and Professional ren 1940 North Monroe Street Tallahassee, FL 32399-2202 GWH/PFC Case # 99-05633 \ ne GF

Docket for Case No: 01-000379PL