Mar 2? 2008 14:39 ga/27/28ee 14:38 4874258268 WRIGHT FULFORD MOORH PAGE @4/a7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION 01 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. ~ Case No. 2006-068097 KENNETH D. WOSYLUK, : D/B/A KEN WOSYLUCK SERVICES, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KENNETH D, WOSYLUK, D/B/A KEN WOSYLUK SERVICES, INC., ("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 hag been at all times material hereto, a Cettified Roofing Contractor in the State of Florida, having been issued license numher CC (11326215, which is current and active. 3. Respondent's last known address of record is Post Office Box 2139, Silver Springs, Florida 34489, Mar 2? 2008 14:39 83/27/2008 14:38 4a74250260 WRIGHT FULFORD MOORH PAGE 5/87 4, At all times material hereto, Respondent was the qualifying agent for Ken Wosyluk Services, Inc., which holds certificate of authority number QB46823, which is 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 ail 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 November 15, 2005, Respondent, doing business as Ken Wosyluk Services, Inc., contracted with Alison Oliver (“Oliver”) to re-roof the Oliver residence located at 430 North Palmway, Lake Worth, Florida, ) 7. The contract price was $6,400.00 and Oliver paid Respondent $3,000.00. 8. On or about November 29, 2005, Respondent applied for a permit for the project and signed an application checklist and notice whereby he was informed that a visual inspection of the roof underlayment would be required ptior to shingling the roof. 9. Respondent failed to have the roof inspected prior to shin gling, and therefore, the roof failed several inspections between December 16, 2005 and January 24, 2006. 10. Respondent failed to make corrections to the roof, no inspections have been called for since January 24, 2006, and no final inspection has been passed. COUNT I il. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein, 12. Based on the foregoing, Respondent violated section 489.1 29(1)(m), Florida Statutes, by committing incompetericy or misconduct in the practice of contracting. Mar 2? 2008 14:39 IOORH ga/27/28ee 14:38 4874258268 WRIGHT FULFORD M A A PAGE 86/a7 COUNT II 13. Petitioner re-alleges and imcorporates the allegations set forth in paragraphs | through 10 as though fully set forth herein. i4. Based on the foregoing, Respondent violated section 489.129(1)(0), Florida Statutes, 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, aysess 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. we Signed this 27 day of "2007. PC Found: June 29, 2007 Div. Mi: Engelmeier & Weller FILED Department of Business and Professional Regulation AGENCY CLERK cUERK Sonedy L. Worbny ny vate_1~ | §- 2007 ELPALEN, ‘ Mar 2? 2008 14:39 WRIGHT FULFORD MOORH PAGE @7/a7 3/27/2868 14:38 4874258268 0 ) . oN) COUNSEL FOR DEPARTMENT: Jefitey Kelly Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Yallahassee, FL 32399-2202 IJK/ad Case No: 2006-068097

Docket for Case No: 08-001569