0% (245 STATE OF FLORIDA Ig DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~ ly. CONSTRUCTION INDUSTRY LICENSING BOARD “9 DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, + a Petitioner, vs. Case No. 2005-043889 2005-035271 2006-007402 DENNIS EUGENE TUTTLE, JR., D/B/A TUTTLE ROOFING, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DENNIS EUGENE TUTTLE, JR., ("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 C1326323, currently listed as current, active. . 3. Respondent's last known address of record is 3020 Gateway Drive, Pompano Beach, Florida 33069. 4. At all times material hereto, Respondent was licensed as the primary qualifying agent for Tuttle Roofing, Inc. ("Tuttle Roofing"), which is registered as a Qualified Business with license #38358, currently active. 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. FACTS PERTAINING TO CASE NO. 2005-043889 6. On or about October 28, 2004, Respondent, acting as the licensed qualifier for Tuttle Roofing, entered into a written contractual agreement with John Peters ("Peters") to re- roof his residence located at 3092 S.W. Circle Street, Port St. Lucie, Florida, 34953. 7. The contract did not contain a written statement notifying Mr. Peters of the Construction Industry Recovery Fund as required by Section 489.1425, Florida Statutes (2004). 8. The total contract price was $13,950.00, which Mr. Peters paid in full to Respondent between March 19, 2005, and December 13, 2005. 9 On or about February 1, 2005, Respondent obtained permit number 0506029 from the City of Port St. Lucie Building Department in order to complete the work pursuant to the contract with Mr. Peters. 10. On or about January 7, 2005, Respondent commenced and completed the work on the contracted project but disputes arose between Mr. Peters and Subject regarding problems with the roof and the repairs required. 11. Onor about June 16", 2006, a final inspection was obtained and approved for the project despite the disputes between Mr. Peters and Subject regarding problems with the roof. However, that final inspection was later rescinded by the City of Port St. Lucie Building Department due to observed code violations. 12. Respondent has failed to correct the code violations and obtain a final inspection. COUNT I 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 as fully set forth herein. 14. Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the consumer's rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respibct to comply with the provisions of this part or violating atule or lawful order of the board. COUNT II 16. __ Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. FACTS PERTAINING TO CASE NO. 2005-035271 € 18. On or about November 9, 2004, Respondent, doing business as Tuttle Roofing, entered into a written contractual agreement with John and Monica Brackett ("Bracketts") to repair the roof at their home located at 131 Cove View, Stuart, Florida, 34994. 19. The contract did not contain a written statement notifying Mr. and Mrs. Brackett of the Construction Industry Recovery Fund as required by Section 489.1425, Florida Statutes (2004). 20. The total contract price was $15,380.60 of which Mr. and Mrs. Brackett paid $12,390.60 to Respondent between February 23, 2005 and April 22, 2005. 21 At all times material hereto, a permit was required for the contracted work. 22. At all times material hereto, Respondent failed to obtain the required permits and inspections from the St. Lucie County Building Department in order to complete the work pursuant to the contract with Mr. and Mrs. Brackett. 23. On or about February 25, 2005, Respondent commenced work on the contracted project. 24. Respondent completed the roof dry-in, shingle replacement, and skylight installation, but the roof continued to leak after Respondent performed the work. 25. At all times material hereto, Respondent abandoned the contract by ceasing to perform work for a period of at least ninety (90) consecutive days and failing to complete the contracted project. 26. As aresult of Respondent’s abandonment, the Bracketts' home sustained significant interior damage from leaks caused by the faulty installation of skylights and the Respondent's failure to complete the repairs and obtain final inspections. COUNT I 27. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 18 through 26 as though fully set forth herein. 28. Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the consumer's rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 29. Based on the foregoing, the 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 tule or lawful order of the board. COUNT IV 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 18 through 26 as though fully set forth herein. 31. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT V 32. Petitioner re-alleges and incorporates the allegations'set forth in paragraphs 1 through 5 and 18 through 26 as though fully set forth herein. 33. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT VI 34. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 18 through 26 as though fully set forth herein. 35. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 20056-007402 36. On or about November 21, 2005, Respondent, acting as the licensed qualifier for Tuttle Roofing, entered into a written contractual agreement with Frank Michael Preziosi — ("Preziosi") to repair the roof of his garage at his home located at 5760 Piping Rock Drive, Boynton Beach, Florida 33437. 37. The total contract price was $1,865.55 plus insurance proceeds of which Mr. Preziosi paid $565.00 to Respondent on or about November 21, 2005. 38. Atall times material hereto, a permit was required for the contracted work. 39. At all times material hereto, Respondent failed to obtain the required permits and inspections from the Palm Beach County Building Department in order to complete the work pursuant to the contract with Mr. Preziosi. 40. Respondent completed work on the contracted project, but Mr. Preziosi's roof has had several leaks after the work was completed. 41. Atall times material hereto, Respondent has failed to correct the leaks and Mr. Preziosi's home has sustained significant interior damage from leaks caused by Respondent's failure to complete the necessary repairs. COUNT VII 42. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 41 as though fully set forth herein. 43. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. | COUNT VOI 44. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 41 as though fully set forth herein. 45. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct 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 financial restitutioi'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, F lorida Statutes, and/or the rules promulgated thereunder. nd 7 : Signed this Z- day of , 2007. PC Found: April 24, 2007 Div. II: Brown & Pietanza Assistant General Counsel COUNSEL FOR DEPARTMENT: c | | c p Jeffrey J. Kelly Department of Business and Professional Reguteticn Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation 1940 North Monroe Street Northwood Centre CLERK Son wh x . WWeasuns nm Tallahassee, FL 32399-2202 oate_ 7/0 - 2007 JIK Case # 2005-043889; 2005-035271; 2006-007402

Docket for Case No: 08-001293PL