[jp BSP STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2001-05288 VS. HOWARD DAVIS, Respondent. ~ / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against HOWARD DAVIS, ("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 General Contractor and a Certified Roofing Contractor, in the State of Florida, having been issued license numbers CG C020480 and CC C039797. 3. Respondent's last known address is 783 NW. 78™ Street, Miami, Florida 33150, 4. At all times material hereto, Respondent with his general contract ing: license, was the qualifying agent for Davis & Palmer Construction, Inc., and with bis roofing contractor license, the Respondent was authorized to engage in contracting as an individual. 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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. _ At all times material hereto, neither Johnnie Stroy, Jr., nor J. Stroy & Associates was properly registered, certified, qualified, or otherwise licensed to engage in the practice of contracting in the State of Florida, and neither of those names appeared on the Respondent’s license. 8. On or about November 2, 1999, Johnnie Stroy, Jr., doing business as J. Stroy & Associates, (“Stroy”) contracted with Cortel Owens (“Owens”) to remodel a carport into a garage and construct an addition at Owens’ residence at 6008 NW 24” Avenue, Miami, Florida for Sixteen Thousand, Six Hundred Eighty Eight dollars ($16,688.00). Pursuant to a change order dated on or about March 6, 2000, there was added to the scope of work the installation of egress windows, new finish concrete for the driveway, and a retaining wall. This increasec: the price by Eight Thousand, Two Hundred dollars ($8,200.00) to Twenty Four Thousand, Eight Hundred Eighty Hight dollars ($24,888.00). 9. Owens paid Stroy Seventeen Thousand, Five Hundred Thirty Six dollars (317,536.00) toward the contract. 10. The Respondent applied for and obtained, or allowed his certified general contractor license number to be used by or for the benefit of Stroy to apply for and obtain, from Miami-Dade County building permit number 2000050368, issued on or about March 10, 2000 for work on Owens’ construction project. 11. Onor about August 2000 Stroy abandoned the project. 12. On or about October 2000 the Respondent agreed verbally with Owens to complete the project. 13. Owens paid the Respondent Two Thousand, Eight Hundred Forty One dollars ($2,841.00). 14. The Respondent performed or substantially performed the remaining work and obtained a passing final inspection on or about October 11, 2001. 15, At all times material, the Respondent knew or had reasonable grounds to know that Stroy was not registered, certified or qualified to engage in the practice of contracting in the , State of Florida. i6. At all times material, until approximately October 2000, there was no contract between Owens and either the Respondent or Davis & Palmer Construction, Inc. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(4), Florida Statutes (1999), 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 registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through sixteen as though fully set forth in this Count IL. 19. Section 489.127(4)(b) and (c), Florida Statutes (1999), provides in pertinent part as follows: (b) A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor. (c) Acertified or registered contractor, or contractor authorized by a Jocal construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or periorm the contracting at, the real property specified in the application or permit. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1999), by failing in material respect to comply with the provisions of this part or violating a rule or lawful of the board. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, réprimand 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 4 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 qh day of C , 2002, E <= PATRICK CREEHAN CHIEF CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: peparent of usiness and Professional Regulation C . DEPUTY CLERK Theodore R. Gay 6G - Assistant General Counsel ot | iy Suidelt Department of Business and eax tnandn ‘ Professional Regulation ou g YEN -2002 401 NW 2 Avenue #N607 DATE — Miami, FL 33128 (305) 377-7115 TRGIsb 6/28/02 Case #2001-05288 ° PCP: August 27, 2002 Division I: Karcher/Husband Division I: Brown/Falkner

Docket for Case No: 03-003355PL