Reco ae i STATE OF FLORIDA Gt Up > DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS? py, CONSTRUCTION INDUSTRY LICENSING BOARD ‘3: DIVISION I ‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. ; Case No. 99-08424 JOSEPH E. JACKSON, JR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSEPH E. JACKSON, JR., ("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. 2. Respondent i is, and has been at all times s material hereto, a certified roofing - contractor in the State of Florida, having been issued license number ce C057584. 3. Respondent's last known address is P.O. Box 9, Muncie, Indiana 47308. 4. At all times material hereto, Respondent was the qualifying agent for Advanced Commercial Roofing Systems, Inc., QB 0013502. 5. Section 489.1195(1)(a), Florida Statutes (Supp. 1998), provides that all primary O l-345 QD. ‘pang 8 weep 2 between 14 ppm. The level recorded at Felder’ S structure was is between 272-424 ppm. 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. On or about June 8, 1999, Respondent entered into a contract with Lois Felder (hereinafter “Felder”), whereby Respondent was to re-roof Felder’s commercial building known as the Village Plate Collector (hereinafter “VPC”). 7. The contract price was $10,161.00, of which Felder paid Respondent $5050.00. 8. . The contract did not contain the Respondent’s license number or the license number of Advanced Commercial Roofing Systems, Inc: 9. Respondent forged Felder’s signature on the permit application and the notice of commencement. 10. On or about September 9, 1999, the project was completed, but leaks appeared after the first heavy rain, and a strong petro chemical odor was present. 11. Felder became ill from the odor and contacted Respondent and the Florida Department of Health. 12. On or about August 6, 1999, Indoor Environmental Technologies (hereinafter “IET”), an environmental testing and consulting company, performed air monitoring at the VPC. 13. The test performed by TET revealed indoor concentrations of petroleum solvents vise were hi gher inside the building than outdoor ievels. ‘14. The normal indoor and outdoor ‘reading for volatile organic compounds should be “15. ieT conchided that the solvents listed on the MSDS sheet supplied by Respondent were the cause of the higher than normal level of petroleum solvents present inside. fea 16. Four core samples of the roof were taken and when analyzed, they revealed that the roof displayed signs of decomposition from moisture levels. 17. Stanley Krulikowski, Inspector with the City of Cocoa Beach Building Department, stated that when Respondent first applied for a permit, he failed to list the specific material used in Felder’s job; and thus, the Building Department is uncertain as to whether the listed materials or supplies were the same products used on the roof. 18. Respondent refuses to name the manufacturing company that supplied the materials for the Felder job. . 19. On September 9, 1999, Rick Callahan Roofing installed a new roof at a cost of $10,000.00. COUNT I 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1)(1), Florida Statutes (Supp. 1998), by committing fraud or deceit in the practice of contracting. couNT U . 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes (Supp. 1998), by committing mismanagement or misconduct in the practice of contracting. COUNT Ill 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 25, . Based on the foregoing, Respondent violated Section 489.129(1)(n), Florida Statutes (Supp. 1998), by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. COUNT IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 27. — Section 489.1 19(6)(b), Florida Statutes (Supp. 1998), provides that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor in the practice of contracting, 28. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes (Supp. 1998), 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 Onder imposing ¢ one or more of the following penalties: place on probation, Florida ‘Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, FP lorida Statutes, and/or the rules promulgated thereunder. 0 fe sage RS ¢ COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond ace Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 99-08424 PCP: C/o oO as , 2000. spree mee depres een

Docket for Case No: 01-003452PL