33414. - shout July 2, 1998. . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFES SI : ~ CONSTRUCTION INDUSTRY LICENSING BOARD, ,, DIVISION II C) AUG -| PHI2: 22 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-05283 : Ol DOOPL GERALD TEALLOW, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GERALD TEALLOW, ("Respondent"), and says: is 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. “9. ~~ “Respondent is, and has been at all times material hereto, a Certified Roofing ~ Contractor in the State of Florida, having been issued license number CC €056924. 3. Respondent's last known address is 13565 La Mirada Circle, Wellington, Florida | Respondent was the licensed qualifier for Construction Express until on or about March 20, General Services of Florida Roofing Company on or en See TOY 5. Respondent failed to obtain a certificate of authority for either of these businesses. 6. On or about October 21, 1994, Respondent, doing business as Construction Express, contracted with Mary Rhodes (hereinafter “Rhodes”), to completely re-roof her home located at 30 St. David’s Way, Wellington, Florida. 7. The contract price was $14,760.00 and Respondent was paid in full. . 8. Respondent obtained a permit for the re-roofing project on or about November 17, 1994, in the name of General Services of Florida Roofing, although Respondent did not begin to qualify General Services of Florida Roofing until July 2, 1998. 9. Respondent provided Rhodes with a five-year warranty on her roof. 10, After the completion of the re-roof, the roof began to Jeak in several places, and on or about October 15, 1996, Respondent made some minor repairs to the roof. 11. The roof continued to leak and Respondent failed to make any more repairs despite numerous requests by Rhodes. 12. Construction Express was administratively dissolved on or about September 26, 1997, however Rhodes continued to try to receive a reply from Respondent as General Services of Florida Roofing Company. 13. Rhodes filed a civil complaint against Respondent on or about July 27, 1999, and a Final Order was obtained against Respondent on or about J anuary 7, 2000, in the amount of $22,997.00. 14. Respondent has failed to satisfy the civil judgment. COUNTI **. 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 16. Section 489.119(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 a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 17. Based on the foregoing; the Respondent violated Section 489.129(1)(i), 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 I 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 19. Based on the foregoing, the Respondent violated Section 489.129(1)(, 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 régistration. COUNT DI _ 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)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, more specifically by failing to honor a warranty. cme &) (ausone Bor 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)(q), Florida Statutes, 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 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 th under. Signed this 208 AON day of - 2001. ~ Robert A. Crabill _ Assistant General Counsel COUNSEY FOR DEPARTMENT FILED Angela C. Desmond - Assistant Getteral Counsel Department of Business and Professional Regulation _Depattment of Business and DEPUTY CLERK . dé Professivnal Regulation y 7) . Offiée'of the General Counsel curr Pardon Mechel 1940 'N. Monree Street, Ste. 60 ; 9 Tallahassee, FL 32399-2202 BATE _ 9-7-2200 ___ pe’ s/h le op oper

Docket for Case No: 01-003053PL