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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs WILMER MCCORMICK, 09-000225PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000225PL Visitors: 15
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WILMER MCCORMICK
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Westville, Florida
Filed: Jan. 15, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 21, 2009.

Latest Update: Nov. 17, 2024
Jan 15 2009 10:27 @1/15/2889 11:21 8589219186 DEPR PAGE 19/38 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, : Petitioner, Case No. 2007-019518 v. WILMER McCORMICK, D/B/A Bear Town Construction, Inc. Resporaic.. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against WILMER McCORMICK, (“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 CGC 1509877. 3. Respondent, at all times material hereto, was the qualifying agent for Bear Town Construction, Inc., which was issued a certificate of authority QB 43357. 4. The certificate of authority OB 43357 issued to the Respondent is now delinquent. 5. Respondent's last known address of record is 6429 Highway 2 East, Westville Florida, 32464. Jan 15 2009 10:28 DEPR PAGE 26/38 @1/15/2889 11:21 9589219196 6. On or about July 2, 2007, a Final Judgment relating to Respondent’s practice of contracting was obtained against Respondent doing business as Bear Town Construction, Inc., in favor of Willie and Rosemary Perry, in Case Number 2007 SC 002864, Division V, In the County Court, In and For Escambia County, Florida, in the amount of $1,100.00. 7. The aforementioned Final Judgment was filed with the Escambia County Clerk of the Court, County Civil Division, on July 5, 2007. B. The Final Judgment relates to the Respondent's practice of contracting in Florida as a Certified General Contractor, under license number CGC 1509877. 9. Respondent has failed xo satis, ‘he aforementioned judgment within sixty (60). days. 10. Rule 61G4-17.001(1)(q), Florida Administrative Code, states in part that for the purposes of Section 489,129(1)(r) [pow 489.129(1}(q)], Florida Statutes, “reasonable time” means sixty (60) days following the entry of civil judgment that is not appealed. {1. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 12. Respondent violated Section 489.129(1)(q), Florida Statutes, by failing to satisfy, within a reasonable time, the terms of a judgment obtained against a licensee or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. 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, assess 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 Jan 15 2009 10:28 1/15/2689 11:21 8589219186 DEPR Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. th Signed this 24 ~~ day of 2008. PC Found: June 24, 2008 SL | er es Fortunas Div. 1: Wilford & Thorton fi, Bar No. 21635 Assistant General Counsel. Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #; 2007-019518 PAGE 21/38

Docket for Case No: 09-000225PL
Source:  Florida - Division of Administrative Hearings

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