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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs ROBERT EARL CROSS, 07-002223PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-002223PL Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: ROBERT EARL CROSS
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Bradenton, Florida
Filed: May 17, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 18, 2007.

Latest Update: Dec. 23, 2024
May 1? 200? 10:57 ga/l7/2ae7 la:dd 8589219186 DEPR PAGE 83/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2004-059933 ROBERT EARL CROSS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT EARL CROSS, ("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 Building Contractor in the State of Florida, having been issued license number CB C53668. 3, Respondent's last known address of record is 7309 49" Avenue Bast, Bradenton, FL 34203. 4. This complaint was based on testimony provided by Respondent during a probation appearance before the Constniction Industry Licensing Board (“CILB”), 5. During the heating before the CILB, Respondent was questioned about five specific permits listed as currently being in progress on the Probation Hearing Questionnaire. 2 May 1? 200? 10:57 ga/l7/2ae7 la:dd 8589219186 DEPR PAGE @4/1a Respondent stated that he is primatily retired and that he has agreed to allow an individual by the name of Troy Robison (“Robison”) to obtain permits under his license. 6. Robison is not a licensed contractor. 7. Respondent stated that homeowners would pay Robison directly, and then Robison would pay Respondent a few hundred dollars. 8 Respondent stated that he employs Robison, but he does not deduct F.LC.A. and withholding tax, nor does he provide workers’ compensation insurance for Robison. COUNT I 9. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight above as though fully set forth therein. , 10. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes, 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 or unregistered, WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attommey’s time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. May 1? 200? 10:58 5/17/2687 la:dd 8589219186 DEPR PAGE 85/18 Signed this 22rd) day of Dera en. 2005. i on, harles J. Pellegrini Assistant General Counsel CIP/amm éé &- Case #: 2004-059933 F | L E D Department of Business and Professional Regulation AGENCY CLERK PC Found 12/06/05 Cox/Thornton CURK Siypdy fe oad onny oate__L 7 “A ZOOle

Docket for Case No: 07-002223PL
Issue Date Proceedings
Jul. 18, 2007 Order Closing File. CASE CLOSED.
Jul. 16, 2007 Petitioner`s Motion to Cancel Hearing and Relinquish Jurisdiction filed.
Jul. 11, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 10, 2007; 9:30 a.m.; Bradenton, FL).
Jul. 11, 2007 Petitioner`s Motion to Continue Hearing filed.
Jun. 29, 2007 Notice of Transfer.
May 22, 2007 Order of Pre-hearing Instructions.
May 22, 2007 Notice of Hearing (hearing set for July 23, 2007; 1:00 p.m.; Bradenton, FL).
May 18, 2007 Petitioner`s Unilateral Response to Initial Order.
May 17, 2007 Initial Order.
May 17, 2007 Letter to M. Morton from G. Bowden regarding withdrawing from the case filed.
May 17, 2007 Answer to Administrative Complaint and Petition for Formal Hearing filed.
May 17, 2007 Administrative Complaint filed.
May 17, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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