/ Oy, PM 2s 4 6 Hf STp if apy Al ye 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. / 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- DSP/ms rer* ¥) 2H) 99 Cowart) Racy Qy enero | oleae

Docket for Case No: 01-000725PL