Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: SETH M. SKLAREY
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Coconut Grove, Florida
Filed: Feb. 21, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 25, 2001.
Latest Update: Mar. 15, 2025
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STATE OF FLORIDA WBS
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I & II
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Case No. 98-10354
O1-O729 PL.
vs.
SETH M. SKLAREY,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint
before the Construction Industry Licensing Board, against SETH M.
SKLAREY, ("Respondent"), and says:
i. 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 and a Certified General
Contractor, in the State of Florida, having been issued license
numbers CC C042784, CG C024684 and CG CA24684.
3. Respondent's last known address is P.O. Box 332172,
Coconut Grove, Florida 33233-2172, and 610 $. Dixie Highway,
Hallandale, Florida 33009-6333.
4. At all times material hereto, Respondent was the
licensed qualifier for Alogonquin Trading Co., Inc. and S & 0
Painting, Inc. (hereinafter referred to as "Contractor") and was
responsible in such capacity for all of its contracting
activities.
COUNT I
5. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through four as though fully set
forth in this Count I.
6. In or around October 1997, the Contractor contracted
with Homer Cox, dba as Cox Construction Company of Miami, Inc.
(hereinafter referred to as “Cox”), to re roof a church at 6427
NW 18 Avenue, Miami, Florida for Eight Thousand, Six Hundred
dollars ($8,600.00).
7. Cox paid the Contractor Four Thousand, Nine Hundred
Fifty dollars ($4,950.00) toward the aforesaid contract.
8. On or about October 31, 1997, the Contractor obtained
the permit for the project at 6427 NW 18 Avenue, Miami, Florida.
9. In or around December 1997, the Contractor stopped work
on the Cox project without just cause or notice to the Customer.
10. Based on the foregoing, the Respondent violated Section
489.129(1) (k), Florida Statutes (1997), 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.
COUNT IZ
11. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through four and six through nine as
though fully set forth in this Count II.
12. Section 489.119 (2), Florida Statutes, provides: “If the
applicant proposes to engage in business 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 a fictitious name, if any.”
13. At no time material hereto did the Contractor possess a
qualified business organization certificate of authority.
14. The foregoing constitutes a violation of Section
489.119(2), Florida Statutes.
15. Based on the foregoing, the Respondent violated Section
489.129(1) (4), Florida Statutes (1997), by failing in any material
respect to comply with the provisions of this part or violating a
rule or lawful order of the board.
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.
Signed this Vy day of Avoid , 1999.
G.W. HARRELL,
CHIEF ATTORNEY
Lohan & Oiond
COUNSEL FOR DEPARTMENT:
Diane Snell Perera F | L E D
Senior Attorney Department of Business and Professional Regutation
Department of Bus. & Prof. Reg. DEPUTY CLERK
401 NW 2 Avenue #N607
Miami, FL. 33128 MW .
(305) 377-7115 cuerx Brendn lichel
7/20/99
98-10354 4e DATE 7-
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Docket for Case No: 01-000725PL
Issue Date |
Proceedings |
Apr. 26, 2001 |
Motion to Relinquish Jurisdiction without Prejudice (filed via facsimile).
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Apr. 25, 2001 |
Order Closing File issued. CASE CLOSED.
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Apr. 23, 2001 |
Joint Motion for Continuance (filed via facsimile).
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Apr. 09, 2001 |
Corrected Notice of Appearance and Substitution of Counsel (filed by R. Crabill via facsimile).
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Apr. 05, 2001 |
Notice of Appearance and Substitution of Counsel (filed by R. Crabill via facsimile).
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Mar. 02, 2001 |
Order Granting Request to Consolidate issued. (consolidated cases are: 01-000724PL, 01-000725PL)
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Feb. 27, 2001 |
Joint Response to the Initial Order (filed via facsimile).
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Feb. 22, 2001 |
Initial Order issued.
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Feb. 21, 2001 |
Election of Rights filed.
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Feb. 21, 2001 |
Administrative Complaint filed.
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Feb. 21, 2001 |
Agency referral filed.
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