oe) eer Tare ae caer aware tare STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD . _ DIVISIONI | DEPARTMENT OF BUSINESS AND — PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-08029 NEAL WILLIAMS, SR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing — Board, against NEAL WILLIAMS, SR., ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice eof 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 C001666. 3. Respondent's last known address is 4456 6 Avenue East, Bradenton, Florida 34208. ce oe ks i ma 4, At all times material hereto, Respondent was licensed to do business as an individual. 5. On or about January 19, 1998, ALAN J. TAYLOR, using the alias VICTOR _SPEARMAN (hereinafter TAYLOR), entered into a contractual agreement with PETER WINCHESTER (hereinafter WINCHESTER) to install a tile roof at WINCHESTER’S residence located at 560 Cutter Lane, Longboat Key, Florida. 6. At no time material hereto, was TAYLOR duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 7. The total contract price was $4,150.00, which WINCHESTER paid directly to TAYLOR in full, via the transfer of ownership of a pickup truck with an agreed value of $4,850.00. 8. On or about January 16, 1999, Respondent authorized TAYLOR to obtain a permit for the WINCHESTER project by and through Respondent’s licensure (CB 001666). 9. On or about March 9, 1998, TAYLOR, with Respondent’s authorization, obtained Longboat Key Building Department permit number BP.14670 for the WINCHESTER project by and through Respondent’ s licensure. 10. : At no time material hereto, did Respondent have a contract with WINCHESTER or have any involvement in the WINCHESTER project il. TAYLOR ‘installed the tile roof 0 on the WINCHESTER residence. However, — WINCHESTER was not satisfied with the workmanship. 12. The tile roof installed by TAYLOR began to leak and will require remedial work at additional cost to WINCHESTER. a ee i CR AM A MAL tn 13. | TAYLOR’S contracting for and/or the performance of the work described in paragraph five (5) above constitutes engaging in the practice of contracting pursuant to Section 489.105(3), Florida Statutes. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 15. Based on the foregoing, Respondent has violated Section 489.129(1)(d), Florida Statutes by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting; specifically by authorizing an uncertified | and unregistered individual to obtain a permit by and through Respondent’s licensure for a project in which Respondent had no involvement. | COUNT II 16. Petitioner tealleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count II. | 17. . Section 489.127(4)(c), Florida Statutes provides, inter alia, that a certified or ~ registered contractor may not apply for or obtain a building permit for construction work unless the certified or registered ¢ contractor or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 18. Based on the foregoing, Respondent has violated Section 489. 1291), Florida Statutes by failing in any material respect to comply with the provisions of Chapter 489, Patt I, Florida Statutes; to wit, Section 489. I2704X0), Florida Statutes y obta WINCHESTER project by and through his licensure without having entered into a ‘contract to te als SOurre ant Sete ann | LG/abr make improvements to, or perform the contracting at, the real property specified in the application or permit 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 thereunder. . Signed this Paes day of 2001. y\ Robert A. Crabill Chief Construction Attorney {FILED COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation _ » DEPUTY CLERK Assistant General Counsel curr tard I ichel Department of Business and : =) Professional Regulation DATE / 3| a 00) . 1940 North Monroe Street, Suite 60 — Northwood Centre Tallahassee, FL 32399-2202 Case #2000-08029 Has band & [arp

Docket for Case No: 02-000979PL