STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION 0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0 lo - O ALF p Cc Case No. 2004-017725 vs. ANGEL RENEE BUSH, Respondent. / ADMINISTRATIVE COMPLAIN Tr Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ANGEL RENEE BUSH, ("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 Roofing Contractor, in the State of Florida, having been issued license number CC C057331. 3. Respondent's address of record is 1511 NW 87" Way, Pembroke Pines, Florida 4. At all times material hereto, Respondent was licensed as a qualifying agent for Ben’s Reliable Roofing, Inc. (hereinafter referred to as "Contractor"), At all times material hereto the Contractor was a Florida corporation with no certificate of authority as a qualified business organization. 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. From approximately November 26, 1998 to September 24, 1999, Sylvia Kwasha (hereinafter referred to as “K:washa”) paid the Contractor One Thousand Four Hundred Thirty Five dollars ($1,435.00) to repair leaks in the roof of Kwasha’s residential condominium at 11111 Biscayne Blvd, #PH-K, Miami, Florida. On approximately four (4) different occasions during that period of time, the Contractor performed work, following which the roof continued to leak. The Contractor then recommended to Kwasha that a new roof be installed, and on or about March 15, 2000 the Contractor entered into a written contract with Kwasha for the installation of a new roof on her condominium. 7. The contract price for the installation of the roof was Nine Thousand One Hundred dollars ($9,100.00). 8. The Contractor failed to include in the contract his certified roofing contractor’s license number or a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 9. On or about May 24, 2000 and October 24, 2000 Kwasha paid the Contractor the full contract price of Nine Thousand One Hundred dollars ($9,100.00). 10. The Contractor performed the roofing work without obtaining a building permit. 11. At the time that the Contractor began to install the new roof, there were already at least two (2) older roofs in place. The Contractor installed the new roof without removing the existing roofs. Thereafter the roof continued to leak. 12, The March 15, 2000 contract included a ten (10) year guarantee. 13. _Kwasha notified the Contractor that the roof was still leaking and on approximately three (3) separate occasions the Contractor performed work, following which the roof continued to leak. Thereafter in the year 2002 Kwasha notified the Contractor that the roof was still leaking and the Contractor failed to inspect, perform work, or otherwise address the problem, 14. Subsequent testing revealed the presence of heavy moisture throughout the roof of Kwasha’s condominium, necessitating the complete removal and replacement of the roof. Pursuant to an earlier agreement between Kwasha and her condominium association, Kwasha was responsible for all costs associated with the repair of the roof of Kwasha’s condominium. On or about December 30, 2003, the condominium association demanded payment from Kwasha in the amount of Thirty Seven Thousand Seven Hundred Thirty Three dollars and Fifty Five cents ($37,733.55) to remove and replace the roof. COUNTI 15. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Section 489.119(2), Florida Statutes, provides: ifthe applicant 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. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1999), 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 II 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IL. 19. Section 489.119(6)(b), Florida Statutes, provides: the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida . Statutes (1999), 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 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count ii. 22. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, ss 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)(i), Florida Statutes (1999), 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 IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IV. 25. Chapter 61G4-17.001(m)(1), Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1)() [now 489.129(1)(m)], Florida Statutes, shall include, but is not limited to failure to honor a warranty. 26. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting. COUNT V 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count V. 28. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (1999), by proceeding on any job without obtaining applicable local building department permits and inspections. 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. athe Signed this oul dayof {VD Cute , 2005. ~Thesens. B.. € d THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Fk \ Theodore R. Gay Assistant General Counsel MM Department of Business and Pyardn ‘ Professional Regulation CLERK 2 e 8685 NW 53™ Terrace, #100 ° Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2004-017725 PC Found: May 24, 2005 Division II: Watts & Bailey

Docket for Case No: 06-000369PL