Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: LOUIS V. SALVATI
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Clearwater, Florida
Filed: May 16, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 29, 2002.
Latest Update: Dec. 22, 2024
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STATE OF FLORIDA
ROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND P
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFES SIONAL REGULATION,
Petitioner,
Case No. 97-19288
vs.
LOUIS V. SALVATI,
Respondent.
ee
ADMINISTRATIVE COMPLAINT
S AND PROFESSIONAL REGULATION,
DEPARTMENT OF BUSINES
Petitioner,
Complaint before the Const
("P etitioner"), files this Administrative ruction Industry Licensing
SALVATI, ("Respondent"),
charged with regulating the practice of contracting
55 and 489, Fi lorida Statutes.
Board, against LOUIS V. and says:
1. Petitioner is the state agency
rida Statutes, and Chapters 4
pursuant to Section 20.165, Flo
2. Respondent is, and has been at all times material hereto, 4 Certified Residential
Contractor, in the State of Florida, having been issued license number CR C057183.
3. Respondent's jast known address is 1560 San Roy Drive, Dunedin, Florida,
34698.
4. At all times material hereto, Respondent was the licensed qualifier for
Homeowners Consultants Assoc., Inc. (hereinafter referred to as "HCA").
5. Section 489.1195(1)€a), Florida Statutes, provides that all primary 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 July 10, 1997, Respondent, d/b/a HCA, entered into a written
contractual agreement with Holly and Allen Banks to install windows, to prepare the interior and
exterior of the residence for painting, and install a front door at the residence located at 235-2nd
Avenue North, Safety Harbor, Florida, for the contract price of $900.00.
7. On or about July 18, 1997, Respondent, d/b/a HCA, entered into a second written
contractual agreement with Holly and Allen Banks to install tile, install a prehung door, perform
interior work, install a double dimmer switch, and install an outlet for the stove at the above
residence for the contract price of $1,200.00.
8. On or about July 25, 1997, Respondent, d/b/a HCA, entered into a third written
contractual agreement with Holly and Allen Banks to remove the cedar roofing in the front of the
home, install metal shingles, replace rotted wood, and install an ornamental ridge tile at the above
residence for the contract price of $4,536.00.
9. On or about August 8, 1997, Respondent, d/b/a HCA, entered into a fourth
written contractual agreement with Holly and Allen Banks to resheet the front of the above
residence for the contract price of $2,000.00.
10. Onor about August 14, 1997, Respondent, d/b/a HCA, entered into a fifth written
contractual agr
residence for the contract price of $3,82
11.
eement with Holly and Allen Banks to perform roofing work at the above
5.00.
The total contract price for the aforementioned contractual agreements was
Twelve Thousand Four Hundred Sixty One dollars ($12, 461.00).
12.
contractual agreement
The total amount paid by the Banks in accordance with the aforementioned
($10,719.81), as follows:
Date
July 10, 1997
July 16, 1997
July 17, 1997
July 18, 1997
July 23, 1997
July 28, 1997
August 4, 1997
August 6, 1997
August 6, 1997
August 6, 1997
August 8, 1997
s was Ten Thousand Seven Hundred Nineteen dollars and eighty-one cents
August 11, 1997
September 3, 1997
September 5, 1997
September 16, 1997
13. Onor about August 7, 1997, the
permit number 97-4873, by and
14. Respondent commenced with the above construction projects and continued with
the residence located at 235-2nd Avenue North, Safety
To
HCA/Lou Salvati
Brian Scott/HCA
Lou Salvati/HCA
Lou Salvati/HCA
Cox Lumber
Lou Salvati/HCA
Lou Salvati/HCA
Tom Salvati/HCA
Lou Salvati/HCA
Tom Salvati/HCA
Lou Salvati/HCA
Lou Salvati/HCA
Lou Salvati/HCA
Duart/HCA
Lou Salvati/HCA
same until on or about September 23, 1997, at which time, Mr. and
Amount
$300.00
$129.71
$600.00
$600.00
$156.10
$1,436.00
$1,218.00
$595.52
$1,065.00
$44.48
$1,600,00
$1,000.00
$825.00
$150.00
$1,000.00
Safety Harbor Building Department issued
through Respondent's licensure, for general repairs to the roof on
Harbor, Florida.
Mrs. Banks terminated the
contractual agreement.
15. | Onor about September 24, 1997, the Banks entered into a contractual agreement
with John Hogan, RC 0066511, to perform roofing work on their residence for the total
contractual amount of $2,738.00. Same consisted of completing or repairing the roofing work
under contract with HCA.
16. HCA performed electrical work in accordance with the contractual agreement with
the Banks, including moving an outlet for the kitchen stove, which presented a safety hazard to
the extent that the conductor in a conduit was partially removed and exposed on the outside wall
of the dwelling.
17. Section 489. 115(2)(b), F lorida Statutes, provides in part, that certification allows
the certificateholder to engage in contracting only for the type of work covered by the certificate
and only while the certificate is on active status.
18, Section 489.1 13(3), Florida Statutes, provides in part, that a contractor shall
subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-
conditioning work, unless such contractor holds a state certificate or registration in the respective
trade category.
19, Section 489.1 13(3)(b), F lorida Statutes, provides in part, that a general, building,
or residential contractor shall not be required to subcontract the installation, or repair made under
warranty, of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on 4
new building of his or her own construction.
20. The work performed by Respondent or his employees at the Banks’ residence
included roof repairs.
21. The roofing work performed by Respondent or his employees at the Banks’
residence was not on a new building of his own construction.
22. The work performed by Respondent or his employees at the Banks’ residence
required the licensure of a roofing contractor.
23. Atall times material hereto, HCA, through Respondent’s licensure, was certified
to engage only in residential construction.
24. At no time material hereto, was HCA properly certified, registered, or licensed
engage in the practice of roofing or electrical contracting.
COUNT I
25. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through twenty-four though fully set forth in this Count I
26. Respondent by performing roofing work, exceeded the scope of his license.
27. Based on the foregoing, the Respondent violated Section 489.129(1)@j), Florida
Statutes (1997), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board.
-
28. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through twenty-four as though fully set forth in this Count IL.
29. Respondent by performing electrical work, exceeded the scope of his license.
30. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida
Statutes (1997), 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 Il
31. Petitioner realleges and incorporates the allegations set forth in paragraphs one
through twenty-four as though fully set forth in this Count IIT.
32. Respondent failed to properly supervise HCA’s contracting activities by failing to
ensure that all work contracted for and performed at the Banks’ residence was properly subcontracted
to licensed roofing and/or electrical contractors.
33. Based on the foregoing, the Respondent violated Section 489,129(1)(n), Florida
Statutes (1997), by committing incompetency or misconduct in the practice of contracting.
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 /Y a day of Ayre , 1998.
FIL
Department of Business and Professional Regulation Henry P. Osbome, Acting Secretary
A
CLERK Sow h. Wad am
até i ~ LS - G8
GENCY CLERK
Senior Attorney
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COUNSEL FOR DEPARTMENT:
Cathleen E. oDowd”
Senior Attorney
Department of Business and
Professional Regulation
3725 W. Grace Street, Ste. 500
Tampa, FL 33607
CEO/me
October 23, 1998
Case #97-19288
“Per - S Arnons + mekite ck
i|- 18-48
Docket for Case No: 02-001991PL
Issue Date |
Proceedings |
Aug. 29, 2002 |
Order Closing File issued. CASE CLOSED.
|
Aug. 27, 2002 |
Motion to Relinquish Jurisdiction filed by Petitioner.
|
Jun. 27, 2002 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by September 30, 2002).
|
Jun. 20, 2002 |
Letter to DOAH from L. Salvati requesting a continuance filed.
|
May 28, 2002 |
Order Granting Consolidation issued. (consolidated cases are: 02-001991PL, 02-001992PL)
|
May 28, 2002 |
Notice of Hearing issued (hearing set for July 11, 2002; 9:00 a.m.; Clearwater, FL).
|
May 28, 2002 |
Order of Pre-hearing Instructions issued.
|
May 23, 2002 |
Petitioner`s Response to Initial Order filed.
|
May 16, 2002 |
Initial Order issued.
|
May 16, 2002 |
Administrative Complaint filed.
|
May 16, 2002 |
Election of Rights filed.
|
May 16, 2002 |
Agency referral filed.
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