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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs FLOYD OLIVER WILDER, 07-000513PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000513PL Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: FLOYD OLIVER WILDER
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jan. 29, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 2, 2007.

Latest Update: Jun. 20, 2024
Jan 29 2007 16:57 @lf2g/eae7 17:47 8589219186 DEPR PAGE @3/a9 . oy | . ) | EXHIBIT | . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, Petitioner, vo Case No. 2004-037834 FLOYD OLIVER WILDER, Respondent: / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing ‘Board, against FLOYD OLIVER WILDER ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pirsuant to Section 20.165, Florida Statutes, and Chapters 455 aad 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 C1507143. 3. Respondent's last known address of record is 35550 23" Avenue, South, Suite 5, Lake Worth, Florida 33461. | | 4. At all times material hereto, Respondent was the primary qualifying agent for Stormshield Protection Corporation ("SPC"), which has a certificate of authority, QB #30715. 5. Section 489.1195(1)(), Florida Statutes, provides that all primary qualifying Jan 29 2007 16:53 1/29/2087 17:47 8589219186 DEPR PAGE 84/89 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 February. 9, 2004, Respondent submitted an application to the Department for certification as a Certified General Contractor. 7. On the application Respondent stated that he had never had a license revoked or suspended or any. such proceeding pending. 8. At the time of Respondent's application, Respondent's local type of license was in the process of being revoked by the Palm Beach County Licensing Board ("PBCLB"). 9. Respondent had been notified of the PBCLB's pending action through an Administrative Complaint delivered on or about January 6, 2004. 10. On or about April 23, 2004, the Department issued Respondent's Certified General Contractor license based on the information contained in‘his application. 11. On or about April 29, 2004, the PBCLB revoked Respondent's local license, staying the revocation in favor of a one-year reporting probation, due to eleven counts of construction violations. COUNT I 12. ‘Petitioner tealleges and incorporates the allegations set forth in paragraphs 1 . through 11 as though fully set forth herein. 13.° . Based on the foregoing, Respondent violated section 489.129(1)(a), Florida Statites, by obtaining a certificate, registration, or certificate of authority by fraud or misrepresentation. Jan 29 2007 16:53 @lf2g/eae7 17:47 8589219186 DEPR PAGE @5/ag COUNT 14, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, by committing incompetency or miscoriduct in the practice of contracting. . 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 nancial restitution to a consumer, impose an administrative fie 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 J eA aay of VY VATE __. 205. { ~ ¢ ammonds fa General Counsel Department of Business and Professional Regulation 1940 'N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 Case # 2004-037834 “LED. : Oupatmect of Business and Professional Regulation PG Found 3/22/05 . AGENCY CLERK Division |: Chung / Kalmanson CURK Sega 2. Wocduy eS on Lae

Docket for Case No: 07-000513PL
Issue Date Proceedings
May 02, 2007 Order Closing File. CASE CLOSED.
May 02, 2007 Motion to Relinquish Jurisdiction Without Prejudice filed.
Apr. 26, 2007 Order Granting Enlargement of Time.
Apr. 20, 2007 Petitioner`s Unopposed Motion for Enlargement of Time to Respond to Respondent`s Motion for Order to Direct Dismissal or to Quash Administrative Complaint filed.
Apr. 16, 2007 Order Granting Motion for Enlargement of Time.
Apr. 13, 2007 Motion for Order to Direct Dismissal or to Quash Administrative Complaint and/or Relinquish Jurisdiction and to Award Attorney Fees and Costs in Favor of Respondent filed.
Apr. 05, 2007 Notice of Appearance (filed by F. Dudley).
Apr. 04, 2007 Petitioner`s Motion for Enlargement of Time to Respond to First Set of Interrogatories and Requests to Produce from Respondent filed.
Mar. 28, 2007 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 23, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Mar. 19, 2007 Pre-hearing Stipulation filed.
Mar. 14, 2007 Respondent`s Unopposed Motion for Continuance of Final Hearing filed.
Mar. 14, 2007 Petitioner`s Motion for Hearing to be Held Via Video Conference filed.
Mar. 06, 2007 Respondent`s Notice of Serving Discovery Requests filed.
Feb. 12, 2007 Order of Pre-hearing Instructions.
Feb. 12, 2007 Notice of Hearing (hearing set for April 3, 2007; 9:30 a.m.; Tallahassee, FL).
Feb. 06, 2007 Unilateral Response to Initital Order filed.
Jan. 30, 2007 Initial Order.
Jan. 29, 2007 Answer to Administrative Complaint and Petition for Formal Hearing filed.
Jan. 29, 2007 Administrative Complaint filed.
Jan. 29, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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