UP PFCOPL rar em Oo ~ “a, vhs 3 “Oa 2 6, Op, '2y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONI& 0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . Case No. 2002-00203 vs. WILMER KENT MARSHALL, Respondent. “. / _ ADMINISTRATIVE-COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILMER KENT MARSHALL, ("Respondent"), and says: 1. P etitioner 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 Roofing Contractor and a Certified General Contractor, in the State of Florida, having been issued license numbers CC C056851 and CG C022934. 3 Respondent's last known address is PO Box 11678, Fi. Lauderdale, Florida 33339- 1678. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Marlin Construction of Indian River County, Inc. (hereinafter referred to as "Contractor"). 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 September 20, 2001, the Contractor entered into a written contract with Frank Marsiello (hereinafter referred to as “Marsiello”) for the removal and replacement of a skylite, the repair of the roof over the kitchen, replacement of gutters and to re-paint the kitchen and foyer area with popcorn paint at 8001 NW 72 Street, Tamarac, Florida. 7. The contract price was Six Thousand Seven Hundred Seventy Five dollars ($6,775.00). 8. On or about September 20, 2001, Masiello paid the Contractor a deposit of Two Thousand Seven Hundred Seventy Five dollar's ($2,775.00). 9. The Contractor failed to obtain a certificate of authority as a qualified business organization for Marlin Construction of Indian River County, Inc. - 10. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 11. Onor about September 26, 2001, the Contractor applied for a building permit from the City of Tamarac Building Department. 12. The Contractor failed to perform any work at Marsiello’s residence pursuant to the contract. 13. The Contractor abandoned Marsiello’s construction project without notice or just cause and failed to refund Marsiello’s deposit. COUNTI 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 upon the foregoing, the Respondent violated Section 485.129(1)(), Florida Statutes (2000), by abandoning a construction project in which the contractor is engaged or under contract as a contract. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT EE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IL. 17. Based upon the foregoing, the Respondent violated Section 489. 129(1)(g)2, Florida Statutes (2000), by committing mismanagement or misconduct in the practice of contracting that causes financial barm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a 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, unless the contractor is entitled to retain such funds under the terms of the contract ot refunds the excess funds within 30 days after the date the job is abandoned. COUNT Ut 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though filly set forth in this Count HI. 19. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any other name 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. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2000), by failing in any material respect to comply to with the provisions of this part or violating a rule or lawful order of the board. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IV. 22. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. ‘ 23. . Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2000), by failing in any material respect to comply to with the provisions of this part or violating a rule or lawful order of the board. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing a 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 associeted 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 om day of Lew , 2002. PAWRICK/ CREEHAN Cc NSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: : Department bad D . nd Professi , EP oy cession, Theodore R. Gay ye UTY CLER Reoulation Assistant General Counsel Se CLERK Z 3 Department of Business and DATE ] V7, Vecheh, Professional Regulation 2 ~ a3 - 401 NW 2 Avenue #N6O7 WSO 00, 2 Miami, FL 33128 A (305) 376-1949 TRG/sb Case #2002-00203 PCPS (Zfto[Zooz

Docket for Case No: 03-003360PL