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
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_ 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.
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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
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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,
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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
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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.
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Nov. 03, 2008 |
Initial Order.
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Oct. 31, 2008 |
Respondent`s Answer to Administrative Complaint filed.
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Oct. 31, 2008 |
Election of Rights filed.
|
Oct. 31, 2008 |
Administrative Complaint filed.
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Oct. 31, 2008 |
Agency referral filed.
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