fy e As Ny “4 tp, ~ AS | tnd, <9. 9 o 4p "? A gt yl, BO dEUS ny 4 We. Geo Yo WD . . o STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, pipet 7 Petitioner, 6 / ; 30YE~ p. C vs. Case No. 99-03949 DALE T. DERBY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DALE T. DERBY, ("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. i 2. Respondent is, and has been at all times material hereto, a Certified Building Contractor, in the State of Florida, having been issued license number CB C006265. 3. Respondent's last known address is 9838 NW 18th Street, Coral Springs, Florida 33071. wo ay 4, Atall times material hereto, Respondent was the licensed qualifier for Dale T. Derby, Inc. ("DTDI"). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all ‘operations of the business organization; for all field work at all sites; and for financial matters, . both for the organization in general and for each specific job. 6. The Respondent failed to obtain a Certificate of Authority for DTDI as required by Section 489.119(2), Florida Statutes. . 7. On or about September 27, 1996, the Respondent entered into a contractual agreement with Reverend James W. Benton whereby the Respondent was to clean, seal, and repair broken tiles on the roof of Benton's home located at 15000 Windbluff Street, Davie, Florida 33331. | 8. The total contract price was $5,000.00. 9. The Respondent failed to include, in the contract, a notice informing Benton of his “rights under Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 10. Between September, 1996, and October, 1996, the Respondent was paid $2,990.00 by Benton through check numbers 105, 106, and 107. - - 11. The Respondent failed to pull a permit and call for inspections on the project. 12. Upon completion, the project had numerous deficiencies, which included that the tiles did not match and the sealant was not properly applied. 13. “At some time subsequent to the completion of the project by the Respondent, 2 VM a Oasis Pressure Cleaning and Handyman Services repaired Benton's roof for a total cost of $2,700.00. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fourteen as though fully set forth herein. ; 15. Section 489.1 19(2), Florida Statutes, provides that if the 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 asole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. . 16. Based on 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 arule or lawful order of the board. ) COUNT II 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fourteen as though fully set forth herein. 18. 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. 19. Based on the foregoing, the Respondent violated Section 489.129 (1)G), Florida . : a 3 ~ comma wi iv) 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 | 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fourteen as though fully set forth herein. ) 21. Based on the foregoing, the Respondent violated Section 489.129 (1)(), Florida Statutes, by proceeding on any job without obtaining applicable local building department | permits and inspections, more specifically by failing to obtain a building permit for the project. COUNT IV . 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fourteen as though fully set forth herein. 23, Based on the foregoing, the Respondent violated Section 489.129 (1)(n), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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), ws ad Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to o Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this ius COUNSEL FOR DEPARTMENT: ‘Patrick F, Creehi Assistant General Counsel Department of Business and ‘Professional Regulation ‘Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 PEC/jkm Case # 99-0394! PGP: August 29, 2000 Alford & Burke day of _firtays* , 2000. Injerim Lead. Construction Attorney . FILED of Business and Profassional Regulation DEPUTY CLERK : cee rardenthTidbele oare_4=20-2000 _

Docket for Case No: 01-003042PL