Apr 28 2008 16:12 @d4/2e/ 2888 15:55 8589219186 DEPR PAGE 46/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Nos. 2005-030785 2005-04398 | WILLIAM MICHAEL GLASER D/B/A ALL AMERICAN ENTERPRISES OF SARASOTA, : Respondent. ; / ADMINISTRATIVE COMPLAINT ’ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM MICHAEL GLASER, D/B/A ALL AMERICAN GENERAL CONSTRUCTION CORP. ("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 General Contractor in the State of Florida, having been issued license number CG C057508, which is current and active, and a Certified Roofing Contractor in the State of Florida, having been issued license number CC C1213760, which is also current and active. 3. Respondent's last known addresses of record IS 4840 Sawyer Road, Sarasota, FL 34233, Apr 28 2008 16:12 @4/26/2688 15:55 8589219186 DEPR PAGE 7/11 4, At all times material hereto, Respondent was the qualifying agent for All American Enterprises of Sarasota, d/b/a WMG Corp. (“WMG Corp.”), for which Certificate of Authority #31763, expired on August 31, 2005, and is now null and void. . 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. 2005-043981 6. On’or about September 30, 2004, Thomas Lyon ("Lyon") contracted with WMG . Corp. to re-roof his home located at 18409 Hottelet Circle, Port Charlotte, Florida. . 7. The total contract ptice was $24,595.00, of which Mr, Lyon paid a total of $12,297.00 to WMG Corp. between September 30, 2004, and December 22, 2004, 8. WMG Corp. obtained a permit for the project, and commenced work. 9. After completing the dry-in phase of the re-roof, WMG Corp. abandoned the project in December, 2004, by ceasing work and failing to returri for a period of at least nincty consecutive days. 10. As a result of WMG Corp.’s abandonment, Mr. Lyon hired Dr. Goodroof, to complete the roof for a total of $20,950.00, which is $8,652.00 over the original contract price with WMG Corp. COUNT I 11. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. Apr 28 2008 16:13 @d4/2e/ 2888 15:55 8589219186 DEPR PAGE 8/11 12. Based on the foregoing, Respondent violated section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs shen the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT II 13. ‘Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 14. Based on the foregoing, Respondent violated section 489.129(1)()), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT Wi ‘15. ° Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein, 16. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by. committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO, 2005-030785 17. On or about November 18, 2004, WMG Corp. contracted with Lynn Bache to re- roof her residence located at 370 Sorrento Court, Punta Gorda, Florida. Apr 28 2008 16:13 @4/26/2688 15:55 8589219186 DEPR PAGE 89/11 | 18. The contract price was $28,800.00, of which Ms, Bache paid $15,000.00 to WMG Corp. between November 18, 2004,.and January 19, 2005. 19. WMG Corp. obtained a permit for the project, and commenced work. 20. Afier completing the dry-in phase of the re-roof, WMG Corp. abandoned the project in January, 2005, by ceasing work and failing to retum for a period of at least ninety consecutive days. 21. WMG Corp. failed to pay certain subcontractors, thereby resulting in a lien being filed against Ms. Bache’s property on or about March 15, 2005, by L & W Supply Corp., d/b/a Seacoast Supply (“Seacoast Supply”), in the amount of $2,594.47, for materials supplied to the project. | | 22. Asa result of WMG Corp.’s abandonment, Ms. Bache hired Roof Lines South, Inc. to complete the roof for a total of $25,000.00, which is $11,200.00 over the original contract - price with WMG Corp. ) 23. Respondent agreed to reimburse $13,000.00 to Ms, Bache if he was successful in his lawsuit against the corporate officers of WMG Corp., but has riot made any payments to Ms. - Bache. . COUNT IV 24, ‘Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 17 through 23 as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer’s job and the percentage of completion is less than the 4 Apr 28 2008 16:13 @d4/2e/ 2888 15:55 8589219186 DEPR PAGE 18/11 percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned.’ COUNTY 26. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 5 and 17 through 23 as though fully sct forth herein. 27. Based.on the foregoing, Respondent violated section 489.129(1)(}), Florida. Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT VI 28. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1, through 5 and 17 through 23 as though fully set forth herein. 29. Based on the foregoing, 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 restitution to a consumer, impose an admini sttative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impdse 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. Apr 28 2008 16:13 @d4/2e/ 2888 15:55 8589219186 DEPR PAGE 11/11 Signed this_ 22" day of , 2008. P : y Deeund: January 22, 2008 Chief Construction Attorney Div. LK : Pietanza & Cook Department of Business and -£ Kalmanson & Wilford Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case Nos: 2005-043981 & 2005-030785

Docket for Case No: 08-002127