Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: JAMES C. WAID
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 29, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 4, 2001.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION; al
CONSTRUCTION INDUSTRY LICENSING BOARD
. DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, | | . : OL PBs | PL :
vs. : Case No. 2000-05448
JAMES C. WAID,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against JAMES C. WAID, ("Respondent"), and says:
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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 i is, s, and has been at al times material hereto, a Certified General
: . Contractor, in the State of Florida, having been issued license number CG C004677, currently in
~ active status.
3. Respondent's last known address is 144 Shadow Trail, Longwood, Florida 32750.
4. At all times material hereto, Respondent was licensed as qualifying agent for All
Pro Remodeling, Inc.
5. On or about January 21%, 1998, Respondent executed a Power of Attorney, in
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order to allow David M. Doerr, doing business as Doerr and Co. Construction,
Inc., to pull any permits needed for the construction of a garage and an addition to a home owned
by Patrick and Gloria White and located at 1626 Ridgewood Avenue, Maitland, Florida 32751,
6. Respondent was going to qualify Doerr and Co. Construction, Inc., but
things did not work out and the appropriate papers were never filed. At no time material hereto
was Doerr and Co. Construction, Inc. ever qualified, nor was David M. Doerr ever licensed.
7. On or about October 22, 1997, permit #2448-97 was pulled. The permit
lists Respondent as the qualifier and shows Respondent’s license number CG C004677 as the
qualifier license number. The contractor’s name is shown as Doerr and Co. Construction, Tho.
8. On or about November 13, 1997, Permit #F2476- 97 was pulled. The permit lists
Respondent as the qualifier and shows Respondent? s icense number CG C004677 as the
: sualife license number. The contractor’s name is shown as s Doerr and Co, Construction, Inc.
9. On or about November 14, 1997, permit #2478-97 was pulled. The permit lists
Respondent as the qualifier and shows Respondent’s license number CG C004677 as the —
qualifier license number. The contractor’s name is shown as Doerr and Co. Construction, Inc.
10, During the project, Doerr met with and conferred with Respondent about
different aspects of the Project, although Respondent did not work on the project, was not paid
any money f for the > Project or ‘for r allowing David M. Doerr to use his license number to obtain
him.
Construction, Inc. was not qualified because Respondent was going to qualify the business
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‘assists a person or entity in engaging in the prohibited uncertified and unregistered practice of
contracting, if the certificateholder or registrant knows or has reasonable grounds to know that
the person or entity was uncertified and unregistered.
13. Based on the foregoing, Respondent. violated Section 489. 12914), Florida
Statutes, by performing any act Which assist a person or entity in engaging in the prohibited
uncertified and unregistered practice of contracting, more specifically by allowing an unlicensed
and unregistered person or entity to use his license number in order to obtain permits for a
project, and having knowledge or reasonable grounds to believe that the person or entity was not
certified or registered.
WHEREFORE, Petitioner respectlly Tequests 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, a, the rules promulgated thereunder.
, 2000.
Jof J. Matthews
Assistant General Counsel
‘couigauronoinnmer | FILED
Department of Business and Professional Regulation
DEPUTY CLERK
SP. /27 fos pate |A-AR-2000 _
A ee
opts
Assistant General Counsel
and
Angela C. Holley AC
Attorney
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 60 °
Tallahassee, FL 32399-2202
ACH/ach
Case # 2000-05448
Docket for Case No: 01-003451PL
Issue Date |
Proceedings |
Oct. 04, 2001 |
Order Closing File issued. CASE CLOSED.
|
Sep. 28, 2001 |
Motion to Relinquish Jurisdiction Without Prejudice filed by Petitioner.
|
Sep. 12, 2001 |
Notice of Hearing issued (hearing set for October 25, 2001; 9:00 a.m.; Orlando, FL).
|
Sep. 12, 2001 |
Order of Pre-hearing Instructions issued.
|
Sep. 06, 2001 |
Unilateral Response to Initial Order (filed by Petitioner via facsimile).
|
Sep. 06, 2001 |
Letter to DOAH from J. Waid concerning scheduling a hearing in this matter (filed via facsimile).
|
Aug. 30, 2001 |
Initial Order issued.
|
Aug. 29, 2001 |
Answer to Administrative Complaint filed.
|
Aug. 29, 2001 |
Election of Rights filed.
|
Aug. 29, 2001 |
Administrative Complaint filed.
|
Aug. 29, 2001 |
Agency referral filed.
|