erg g STATE OF FLORIDA rong DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ; AN = PH DIVISION I 2 56 ak DEPARTMENT OF BUSINESS AND ADMI}. PROFESSIONAL REGULATION, H EA R i " Petitioner, VS. Case No. 99-00863 ~ GLENN LAMAR PHARIS, Respondent. / ees ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFES SIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GLEN LAMAR PHARIS, ("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 is, and has been at all times material hereto, a Certified Building Contractor in the State of Florida, having been issued license number CB C019865, currently in delinquent status. 3. Respondent's last known address is 179 Mercer Road, Elmore, Alabama, 36025. Respondent’s address of record.is Post Office Box 680189, Prattville, Alabama, 36068. 4. At all times material hereto, Respondent was the qualifying agent for Deep South Builders, Inc. “f er 5. Section 489.1195(1)(a), Florida Statutes (Supp. 1996), provides that all primary qaulifying 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. Respondent failed to obtain a certificate of authority for Deep South Builders, Inc. 7. On or about October 14, 1996, Mary Kams (hereinafter “Kams”), contracted with Joe Thompson, who indicated he was representing Respondent, to correct Kams’ leaking roof and apply a roof coating to the entire roof surface at Kams’ residence located at 222 Tarpon Way, Punta Gorda, Florida 33950. 8. The contract was with Respondent, doing business as Home Maintenance, and the contract price was $2,450.00. Joe Thompson was paid the full contract price directly. 9. Joe Thompson did the work at Kams’ residence, and at no time material hereto was Joe Thompson licensed. 10. A permit was pot obtained for the repair work. 11. Kams began having problems with her roof and contacted Respondent. 12. Onor about April 1, 1997, Respondent entered into a contract with Kams, whereby Respondent was to correct the roofing work previously done by Joe Thompson, as well as remove, repair, and replace Kams’ eve soffits, facia, and sub facia. 13. The contract amount was $2,000.00, and Respondent was paid in full. 4, This contract did not contain Respondent’s license number. 15. Respondent only completed approximately forty (40) percent of the work before abandoning the project. 16. | Respondent has failed to refund any portion of the money received from Kams. COUNT I 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 18. Section 489.119(2), F lorida Statutes (Supp. 1996), provides that if the applicant ‘proposes to engage in contracting as @ 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. 19. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (Supp. 1996), 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 20. Petitioner realleges.and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 21. Section 489.119(6)(b), Florida Statutes (Supp. 1996), 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 or business organization in the practice of contracting. 22. Based on the foregoing, the Respondent violated Section 489.129(1)G), lorida Statutes (Supp. 1996), by failing in any material respect to comply with the provisions of this part or violating a mule or lawful order of the board.” Pee eee coe 2 COUNT I 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 24. Section 489.124(2), Fr lorida Statutes, provides that each certificateholder or “registrant shall be solely responsible for notifying the department in writing of the certificateholder’s or registrant’s current mailing address and phone number. 25. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (Supp. 1996), 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 IV 26. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 27. Based on the foregoing, the Respondent violated Section 489.129(1)(g), Florida Statutes (Supp. 1996), by acne. inthe 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 registration. COUNT V 28. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 29. Based on the foregoing, the Respondent violated Section 489.129(1)(e), Florida Statutes (Supp. 1996), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or rerorepom or rr err: rr registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT VI 30. Petitioner realleges and incorporates the allegations set forth in Paragraphs One “through Sixteen as though fully set forth herein. 31. Based on the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes (Supp. 1996), by abandoning a construction project in which he was engaged or under contract asa contractor. COUNT VII 32. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 33. Based on the foregoing, the Respondent violated Section 489.129(1)(h)2, Florida Statutes (Supp. 1996), by committing mismanagement or misconduct in the practice of contracting that caused financial, harm to a customer when he abandoned the customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment. COUNT VII 34. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 35. - Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. ere 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 the under. Signed this Tet day of By: Robert A. Crabill Assistant General Counsel 2001. COUNSEL FOR DEPARTMENT: _. - re FILED Theodore R. Gay Department of Business and Professional Regulation Assistant General Counsel DEPUTY CLERK and Angela C. Desmond f2 urd MW Michel CLERK Assistant General Counsel Department of Business and DATE a -27- 2 co) Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 99-00863 fe 208/)x8/o/ Nhabundl Fares or rer

Docket for Case No: 02-000052PL