STATE OF FLORIDA i i DEPARTMENT OF BUSINESS AND PROFESSIONAL Re pION “ CONSTRUCTION INDUSTRY LICENSING BOARD """ ~& PH 4: 95 DIVISION I bhy AOMix;: ; DEPARTMENT OF BUSINESS AND HE Atiaa PROFESSIONAL REGULATION, Petitioner, ; OR Ked4 vs. Case No. 2001-07622 VICTOR DONALD LOVALLO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, __ against VICTOR DONALD LOVALLO, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.1 65, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C024960, currently active. 3. Respondent's last known address of record is 2034 High Gien Court North, Lakeland, Florida 33813-3751. 4. At no time material hereto was W.I.T. Corporation, Inc., a Florida Corporation (hereinafter, "WIT"), licensed by the State of Florida to engage in the practice of contracting. 5. At no time material hereto was Respondent a licensed qualifier, officer, or director for WIT, and he did not have active participation in the operation, management or control of WIT. 6. Respondent did not obtain a certificate of authority for WIT. 7. On or about October 11, 2000, WIT entered into a contract with FLM Group (hereinafter, "FLM"), whereby WIT was to construct a seawall at the Whitcomb Point Subdivision, Tarpon Springs, Florida. 8. The contract price was $143,398.82, of which amount FLM paid to WIT in full. 9. The contract did not contain Respondent’s license number. 10. In or about September of 2000, WIT commenced work on the FLM project. 11. Onor about October 2, 2000, Respondent d/b/a WIT obtained building permit number 00-1837 from the City of Tarpon Springs for the FLM project. 12. During the course of construction of the FLM project, Respondent supervised the field work performed on the FLM jobsite. 13. On or about February 20, 2001, Respondent ceased all work on the FLM project and did not perform any additional construction work thereafter. 14. On or about February 26, 2000, FLM terminated its contract with WIT. 15. During the time of Respondent’s supervision, the south side of the seawall was not properly constructed and, after he ceased work, it needed to be rebuilt. 16. Until the seawall can be rebuilt, it poses a significant danger to FLM’s property. 17. FLM hired another contractor to rebuild the seawall at a cost of $170,000.00. COUNTY 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489. 129(1)(e), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his or her certificate, registration, or certificate of authority to be used by the uncertified or unregistered person with intent to evade the provisions of this part. When a certificateholder or registrant allows his or her certificate or registration to be used by one or more business organizations without having any active participation in the operations, management, or control of such business organizations, such. act constitutes prima facie evidence of an intent to evade the provisions of Part I, Chapter 489, Florida Statutes. COUNT HT 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 21. — Section 489.129(1)(f), Florida Statutes, prohibits a person from acting in the 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, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration. 22. Based on the foregoing, Respondent violated Section 489.129(1)(f), Florida Statutes, by acting as a contractor for WIT and not in the name of Vic Lovallo Construction. COUNT HI 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 24. Section 489.119(2)(b), Florida Statutes, provides that an applicant who proposes to engage in contracting as a 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. 25. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Part I, Chapter 489, Florida Statutes, by having violated Section 489.119(2)(b), Florida Statutes, by engaging in the practice of contracting without obtaining a certificate of authority for WIT. COUNT IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 27. Section 489.119(6)(b), Florida Statutes, states in part that the license number of each contractor or certificate of authority for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement used by that contractor or business organization in the practice of contracting. 28. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, - by failing in any material respect to comply with the provisions of Part I, Chapter 489, Florida Statutes, by having violated Section 489.119(6)(b), Florida Statutes. COUNT V 29. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 30. Based on the foregoing, Respondent violated Section 489. 129(1)(n), Florida Statutes, by committing gross negligence, repeated negligence or negligence resulting in a significant danger to life or property. 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 Shek day of ck ie , 2002. PCP: May 28, 2002 an ( Lon Burke/Lambert By: obert A. Crabill ef Construction Attorney COUNSEL FOR DEPARTMENT: FILED yy atrick L. Butler, Assistant General Counsel +t of Business and Professional Regulation epartment of Business and Departmen DE Professional Regulation , . Office of the General Counsel Pyrardort Michele 1940 N. Monroe Street CLERK Tallahassee, FL 32399-2202 - 95 -200 DATE : _ PLB/pib Case # 2001-07622

Docket for Case No: 03-001639PL