Jan 29 2008 11:16 @1/2- 2088 11:11 48674250268 WRIGHT FULFORD MOORH PAGE 11/14 Spy. osyaPe STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & If DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-04 6667 FREDERICK PAYETTE Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FREDERICK PAYETTE, (“Respondent”), and says: 1. Petitivucr 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 C057726 and a Certified Building Contractor, in the State of Florida, having been issued license number CB (1058436. 3. Respondent's last known address is 10550 W. State Road 84, #92, Davie, Florida 3324. ! 4, At all times material hereto, Respondent was licensed as qualifying agent for indian River Roofing, which possessed Certificate of Authority # 023326, currently listed as Alfie Jan 29 2008 11:17 WRIGHT FULFORD MOORH PAGE 12/14 2608 11:11 4874256268 : ‘ ia delinquent active 5, At all times material hereto, Indian River Roofingidid nat possess a certificate of authonty as required by Section 489.1 19(2), Florida Statutes. 6. On or about February 16, 2005, Respondent doing business as Indian River Roofing, entered into a contract with Larry English to re-roof his house located at 104 Cherry Street, Melboume, Florida. 7. The contract price for the aforementioned project was $ 6,100.00. 8. On or about February 16, 2005, at the time of exccution of the contract, Mr. English paid Respondent a deposit of $3,000.00. 9. At all times matcrial hereto, permits were required [for the contracted work. 10. On or ahout March, 29, 2005, Respondent began to re-roof Mr. English’s housc. ll. At all times material hereto, Respondent failed to obtain the necessary permits or inspections for the contracted work. 12. Onor about March 30, 2005, Respondent completed the work on the réof. 13. Subsequent to completion, Mr. English had concemis about the workmanship of the project, including nail heads that were showing and improperly sealed vents. 14. Respondent failed to respond to Mr. English’s repeated calls. COUNT I 15 Petitiuner re-alleges and incorporates the allegations set forth in paragraphs one | ‘hrough fourteen as though fully sct forth hercin. 16. Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contracting as a business organization, including any partnership. corporation, usiness trust, or other Jegal entity, or in any name other than the applicant's legal name. the 2 Jan 29 2008 11:17 @1/2 + 2808 11:11 4074250268 WRIGHT FULFORD MOORH PAGE 13/14 ~ ~\ business organization must apply for a certificate of authority throngh a qualifying agent and i under the fictitious name, if any. ; 17. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a mile or lawful order of the board, by having violated Section 489.119(2), Florida Statutes. | COUNT I | 18, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one ‘hrough fourteen as though fully set forth hercin. 19. Baged on the foregoing, Respondent violated Scetidn 489.129(1 (0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IL 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one ‘hrough fourteen as though fully set forth herein. Zi. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida “tatutes, by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing oard enter an Order imposing one or more of the following penalties: place on probation, ‘-primand the licensee, revoke, suspend, deny the issuance ur renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative finc not tu exceed $10,000 per violation, require continuing education, assess dosts associated with nivestigation and prosecution, impose any or all penalties delineated within Section 455.227(2). F orida Statutes, and/or any other relief that the Board is authorized to impose pursuant to 3 Jan 29 2008 11:17 @l/> + 2888 11:21 4874250268 WRIGHT FULFORD MOORH PAGE 14/14 \ man Chapters 489, 455, Florida Statutes, and/or the rules promulgated) thereunder. i . Signed this Pry day of _ 2006. Assistant General Counsel COUNSEL FOR DEPARTMENT: | ED : AGENCY Office of the General Counsel 1940 N. Monroc Street, Ste. 42 ; Tallahassee, FL 32399-2202 | Case #: 2005-046667 PC Found: July 25 2006 Division |: R. Stewart & M. Kana | Division Ik R. Holloway & C. Engelmeier | |

Docket for Case No: 08-000543PL