ee STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, del 2 27 K a (_ Petitioner, Case No. 2002-001594 VS. WILLIAM P. CARLTON, Respondent. / ADMINISTRATIVE COMPLAINT * Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM P. CARLTON, ("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, in the State of Florida, having been issued license number CG C026013. 3 Respondent's last known address is 1000 Legion Place, Suite 1518, Orlando, 3. Florida 32801, 4131 NE 6" Avenue, Oakland Park, Florida 33334, and 771} Twin Pines Court, 4. Atall times material hereto, Respondent was licensed as the qualifying agent for International Contracting Associates, Inc. (hereinafter referred to as "ICA"). 3. 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 October 9, 2001, ICA entered into a written contract with Caterina Trimboli (hereinafter referred to as “Trimboli”) to re-roof a duplex owned by Trimboli located at 8831 NW 33" Street, Coral Springs, Florida, for Thirteen Thousand Five Hundred dollars ($13,500.00). 7. On or about October 11, 2001, ICA entered into a second written contract with Trimboli to re-roof another duplex owned by Trimboli located at 3300 NW 86" Avenue, Coral Springs, Florida, for Twelve Thousand Two Hundred dollars ($12,200.00). 8. The contracts did not include notices explaining the consumer’s rights under the Constraction Industries Recovery Fund. 9. On or about October 9, 2001 through January 11, 2002, Trimboli paid ICA a total of Nineteen Thousand Six Hundred Twenty dollars ($19,620.00) for both roof projects. 10. During the period beginning on or about December 13, 2001 and ending on or about January 11, 2002, ICA performed or attempted to perform, but did not complete, the work called for by the contracts. Thereafter ICA failed to perform further work because Trimboli refused ICA’s demands for money not due pursuant to the terms of the contracts. 11. On or about Deceraber 28, 2001, pursuant to one or more orders placed by ICA, Gulfside Supply, Inc. (GSD, supplied roofing and/or building materials for the re-roof project at 8831 NW 33” Street, Coral Springs, Florida. ICA failed to pay GSI for the materials, and on or about March 9, 2002, GSI recorded a Claim of Lien against Trimboli’s property in the amount of Three Thousand Four Hundred Twenty Seven dollars and Seventy Eight cents ($3,427.78). 12. ICA failed to remove the lien. On or about July 8, 2002, Trimboli paid Five Thousand Seventeen dollars and Forty Eight cents ($5,017.48) to remove the lien. 13. During its re-roofing operations, ICA failed to maintain the roofs in watertight condition. As a result, both properties suffered interior damage due to rainwater intrusion. 14, On or about May 15, 2002 and July 11, 2002, Trimboli paid Kraft Roofing Corporation (KRC), license #RC 0066622 a total of Seventeen Thousand Seventy One dollars and Sixty cents ($17,071.60) to repair and complete the re-roofing projects. 15. | KRC completed the work and obtained approved final inspections from the City of Coral Springs Building Departrnent. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 17, Section 455.227(1)(o), Florida Statues, provides: practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform is grounds for which disciplinary actions may be taken. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2000), by violating any provision of part I of chapter 455, Florida Statutes. COUNT DL 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count II. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)3, Florida Statutes (2000), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances bevond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT II 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count HI. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (2000), by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count IV. _ 24. 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. 25. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2000), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order 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, 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. ~ 22 Signed this 3 day of Oud , 2003. 4 i ™ PATRICK GREEHAN CHIERCOMSTRUCTION ATTORNEY ts Raguiatian Busine CLERK ee fidell can 9 2.003 ul COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53" Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2002-001594 04/23/03 PC Foind Koucner |

Docket for Case No: 04-002378PL