Oct 31 2008 13:18 la/al/2aee 13:14 8589219186 DEPR PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2007}-063332 WILLIAM W. BALL, D/B/A An Individual, 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, Plorida 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 CGC 36194, which is in Probation, Active, status. G:\OGC\fortunas\New Format Admin, Complaints \William W. Ball 489.129(4) (d) im) Ne OR Necessary D-BrA Individual-2007-06332, Edit.doa Edit 2007-06332 Oct 31 2008 13:18 1la/31/2688 13:14 8589219186 DEPR PAGE 84/88 3. Respondent's last known address of record is 4443 Bass Place North Jacksonville, Florida 32210, 4. At all times material hereto, Respondent was conducting business as an individual. 5. On or about January 18, 2007, Curtis Stubbs ("Stubbs") contracted with Gordon and Robin Kitzman, doing business as Kitzman Intexier Design Solutions ("Kitzman"), to extend the living area by converting a porch, at the residence of Stubbs located at 1651 Chain Fern Way, Orange Park Florida for a total contract price of approximately $33,975.00. 6. At all times material hereto, Kiteman did not possess a construction Jicense of any kind. 7. Kitzman subcontracted the framing, door installation, window installation, and brick work to Respondent. 8. Respondent subsequently obtained a permit From the Clay County Building Department, permit No. 07031414, for work to be performed at the Stubbs’ property located at 1652 Chain Fern Way, Orange Park, Florida 32003. 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. 9. Respondent did not contract with Stubbs for the work pexformed by Respondent. G:\0GC\Fortunas\New Format Admin. Complaints \William w, Ball 2 499.129(1) (4) (m) No OB Necessary D-B=A Individual=2007-06332, Edit.dee Eait 2007-06332 Oct 31 2008 13:18 la/al/2aee 13:14 8589219186 DEPR PAGE @5/@8 10. Respondent on or about November 12, 2007, submitted a letter to the Clay County Building Department in reference to permit mumber 07031414. In the letter, Respondent stated, in part: “At this time we would like to have our permit removed from this property...” COUNT ONE il. Petitioner realleges 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 4839.129(1) (d), Florida Statutes, by performing any act which assists a person or entity in engaging 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 13. Petitioner realleges 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) (m), Florida Statutes, by committing: incompetence or misconduct in the practice of contracting. Gi \OGR\Fortunas\New Format Admin. Complaints \William W. Ball 3 489.129(1) (d) (m) No OB Necessary D-B-A Individwal-2007-06332, Edit.doc Edit 2007-06332 Oct 31 2008 13:18 la/al/2aee 13:14 8589219186 DEPR PAGE 46/88 COUNT THREE 15. Patitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. - 16. Section 489.127(4)(c), Florida Statues, prohibits a contractor from for obtaining or applying for a building pexmit for construction work unless the contractor has entered into a contract to make improvements or perform the contract at the real property specified in the application or permit. 17. Based on the foregoing, 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 rule or lawful order of the board, by failing to comply. with Section 489.127(4)(c), Florida Statutes. 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, impose any or all penalties delineated within Section Gi\OGC\Foxtunas\New Format Admin. Complaints\William W. Ball 4 489.225 (1} (cd) (m) Ne. QB Necessary R“B-A Individnal-2007-06332, Bait.dec Bat 2007-06332 . Oct 31 2008 13:18 la/al/2aee 13:14 8589219186 DEPR PAGE @7/ae 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 Z37 day of —Sfllonle _, 2008. PCE ound: September 23, 2008 Dw. I: Del Vecchio & Chung J 8s 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 Department of Businags and p and rofassion: HR DEPUTY CLERic a redolaton G\@GC\Fortunas\New Format Admin. Complaints\William w. Ball 5 469.129(1) (d) (m) No OB Necessary D=B+A tndividual-2007=06332, Bdit.doc Bait 2007-06332

Docket for Case No: 08-005469