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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs WILLIAM W. BALL, D/B/A WILLIAM M. BALL, LLC, 08-005468 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005468 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WILLIAM W. BALL, D/B/A WILLIAM M. BALL, LLC
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Oct. 31, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 2, 2008.

Latest Update: Dec. 23, 2024
Oct 31 2008 13:02 18/31/2888 12:58 8589219186 DEPR PAGE 63/18 _ en STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING: BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008-001375 WILLIAM W. BALL, D/B/A William W. Ball LLC., Respondent, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM W. BALL, ("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 al] times material hereto, a Certified General Contractor in the State of Plorida, having been issued license number CGC 36194. 3. Respondent's last known address of record is 4443 Bass Place North Jacksonville, Florida 32210. G:\OGC\Fortunas\New Format Admin. Complaints \William W. Bali 1 489.129(1) (a) (m) No QB Necessary D-B-A Individual. doc Oct 31 2008 13:02 1la/31/2688 12:58 8589219186 DEPR PAGE 84/18 4, At all times material hereto, Respondent was conducting business as an individual William Ww. Ball, ULL. ("Ball"). 5. On or about February 17, 2007, Cynthia Luman ("Luman'") contracted with Gordon and Robin Kitzman, doing business as Kitzman Interior Design Solutions ("Kitzman"), to remodel a kitchen at the residence of Luman located at 181 Linkside Circle Ponte Vedra Beach, Florida for a total contract price of $105,590.00. The remodeling work Kitzman contracted for required re-engineering of roof trussess for which a building permit and a contractors license is required. 6. At all times material hereto, Kitzman did not possess a contractors license of any kind in the state of Plorida. 7. Kitzman subcontracted the re-engineering of the roof trusses to Bali who subsequently obtained a permit, permit No. 10707123, for and completed the roof truss re-engineering at the residence of Luman, located at 181 Linkside Circle Ponte Vedra Beach Florida. 8. At all times material hereto, - Respondent knew or reasonably should have known that Kitzman was uncertified and unregistered to perform contracting in the state of Florida. COUNT ONE 9. Petitioner realleges and incorporates the allegations G:\OGC\Fortunas\New Format Admin. Complaints\William W. Ball 2 489.129(1)(d) (m} No OR Necessary D-B-A Individual.dor Oct 31 2008 13:03 la/al/2aee 12:58 8589219186 DEPR PAGE 45/18 set forth in paragraphs 1 through 8 as though fully set forth herein. 10. Based on the foregoing, Respondent violated Section 489.129(1) (dj), Florida Statutes, by performing any act which assists a person or entity. in e@ngaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person’ or entity was uncertified and unregistered. COUNT TWO 11. Pétitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 12. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence 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 administrative fine not to exceed $10,000 per violation, require continuing education, assesS costs associated with investigation and prosecution, G:\0GC\Fortunas\New Format Admin. Complaints\William Ww. Ball 3 489.425 (1) (4) (m) No OB Necessary D-B-A Individual. dog Oct 31 2008 13:03 la/al/2aee 12:58 8589219186 DEPR PAGE 46/18 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. Signed this Le day of , 2008. PC Found: July 22, 2008 Div. L: Stewart & Sheehan roe J. s Fortunas Assistant General Counsel Florida Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel] 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile G:\oGc\Fertunas\New Format Admin, Compladnts\William Ww. Ball 4 489,125(1) (a) (m) No QB Necessary DeB-A Individval, doc

Docket for Case No: 08-005468
Issue Date Proceedings
Dec. 02, 2008 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Nov. 24, 2008 Petitioner`s Motion to Cancel Hearing and Relinquish Jurisdiction as to Case Number 08-5468 Only filed.
Nov. 18, 2008 Order of Video Instructions.
Nov. 18, 2008 Notice of Hearing by Video Teleconference (hearing set for December 8, 2008; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Nov. 06, 2008 Notice of Service of Interrogatories filed.
Nov. 06, 2008 Petitioner`s First Request for Admissions to Respondent filed.
Nov. 06, 2008 Petitioner`s Response to Initial Order filed.
Nov. 03, 2008 Initial Order.
Oct. 31, 2008 Respondent`s Answer to Administrative Complaint filed.
Oct. 31, 2008 Election of Rights filed.
Oct. 31, 2008 Administrative Complaint filed.
Oct. 31, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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