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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs GEORGE HOUSTON, D/B/A GATES ROOFING EMPIRE, INC., 09-002157 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002157 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: GEORGE HOUSTON, D/B/A GATES ROOFING EMPIRE, INC.
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Apr. 23, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 16, 2009.

Latest Update: Jan. 24, 2025
= - FILED DepareTMat Of Business and Pratesriovil Rayulution AGENCY CLERK CLERK Sarah Wactunan Date 3/16/2009 Filo STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION If DEPARTMENT OF BUSTNESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2008-008225 GEORGE HOUSTON, D/B/A GATES ROOFING EMPIRE, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEORGE HOUSTON d/b/a GATES ROOFING EMPIRE, INC., ("Respondent"), and says:. i. 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 Roofing Contractor in the State of Florida, having been issued license number CCC 1327128, whieh is in Delinguent, Inactive status. GAOGC\Fortunas\New Farumat Admin, Complainis\Gales Roofing Empire, 489.1291 (2)Q)(), Case# 2008-008225.doc t BTfea Fd Ada SSBTETé6aS8 BE 4H Babe sE2/ Pa pe:2 600Z ¢Z dy 3. Respondent's last known addresses of record are: 2265 St. Johns Bluff, Road, Jacksonville, Florida 32246 and 3000 Broadway, Ave., Evansville, Indiana 47712. 4, At all times material hereto, Respondent was doing business as Gates Roofing Empire, Inc. 3. At all times material hereto, Respondent possessed a Surrent certificate of authority as required by Section 489.119(2) Florida Statutes, Qualified Business License #45198, 6. 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. 7. On or about November 6, 2007, Respondent ceased acting as the Primary Qualifying agent for Gates Roofing Empire. 8. Gates Roofing Empire did not designate another Primary Qualifying agent or Secondary Qualifying agent when Respondent ceased qualifying Gates Roofing Empire on November 6, 2007, 9. Section 489.1195(3)(b), Florida statutes, provides that: . The status of the qualifying agent shall cease upon the designation of a new primary qualifying agent or 60 days after satisfactory notice of termination has been provided to the board, whichever occurs first. GAOGC\Fortunas\New Format Admin. Complaints\Gates Rooting Empire, 489,129(1)(g)()im), Case# 2008-008225.doc 2 GT/Pa Sod Ada SSBTETé6aS8 BE 4H Babe sE2/ Pa ceis B00 ¢z dy 10, On or about November 16, 2007, Respondent entered into a contract with Lamar Speights (“Speights”) to re-roof a residential structure on property located at 3646 Crimson Oaks Drive, Jacksonville, Florida 32277. ll. The total contract price amounted to $11,385 of which Respondent has been paid approximately $3,795,00 or 338 of the contract price. 12. On or about January 17, 2008, Speights requested the return of his $3,795.00, payment on the project because the project had not been started. 13. Respondent failed to start work on the project or return Subject’s $3,795.00. 14. Respondent failed to obtain any permits or inspections for the project. 15. Respondent performed 0% percent of the work contracted for since accepting payment on November 16, 2007, and has been paid approximately 33% of the contract price. COUNT ONE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein, 17, Section 489.129(g) (2), provides in part that: GAOGC\Fortunus\New Format Admin. Complaints\Gates Roofing Empire, 489. 129(1)(g)G)(n), Case# 2008-008225.doe 3 BT/Se 8d Ada SSBTETé6aS8 BE 4H Babe sE2/ Pa oe:2 §=600Z Sz dy Financial mismanagement or misconduct occurs when: The contractor has abandoned the 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... 18. 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. COUNT TWO 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 20. Geetion 489.129(1)(j), Florida Statutes, provides in part: A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without Proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. 241. Based on the foregoing, Respondent violated Section 489.129(1) (5), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. GAOGC\Fortunus\New Format Admin. Complaints\Gates Roofing Empire, 489.129(1)(2)(j)(m), Case# 2008-008225.doc 4 BT/9e Fd Ada SSBTETé6aS8 BE 4H Babe /E2/ Pa oe:2 §=600Z Sz dy COUNT THREE 22. Petitioner realleges and incorporates the allegations set forth. in paragraphs 1 through 15 as though fully set forth herein. 23. Section 489.129(1) (0), Florida Statutes, provides that it is a violation to proceed on any ‘job without obtaining applicable local building department permits and inspections. 24, Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by failing te obtain permits and inspections. COUNT FOUR 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 26. Section 489.129(1)(m), Florida Statutes, provides that it is a violation to commit incompetency or misconduct in the practice of contracting. 27. Based on the foregoing, Respondent violated Section 469,129(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, GAOGC\Fortunas\New Format Admin. Complaints\Gates Roofing Empire, 489,129(1)(2)(j)(m), Case# 2008-008225.doc 5 GTfée Fd Ada SSBTETé6aS8 BE 4H Babe sE2/ Pa ceis B00 ¢z dy 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 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 Fatt, day of MM aru SN , 2009. James Fortunas Assistant General Counsel Florida Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399— 2202 Probable Cause Found 02-24-09 Division It: Bailey/Holloway GAOGC\Fortunas\New Formut Admin, Complaints\Gates Roofing Empire, 489,129(1)(g)()(m), Case# 2008-008275,doo 4 GT/sea Fovd Ada JSTETé6eS8 GES4G Babe fee / Pa oe:2 §=600Z Sz dy

Docket for Case No: 09-002157
Issue Date Proceedings
Jun. 16, 2009 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
May 27, 2009 Petitioner's Motion to Relinquish Jurisdiction filed.
May 11, 2009 Petitioner`s Witness List filed.
May 04, 2009 Undeliverable envelope returned from the Post Office.
May 01, 2009 Undeliverable envelope returned from the Post Office.
May 01, 2009 Order of Pre-hearing Instructions.
May 01, 2009 Notice of Hearing by Video Teleconference (hearing set for June 30, 2009; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Apr. 27, 2009 Notice of Service of Interrogatories filed.
Apr. 27, 2009 Petitioner`s First Request for Admissions to Respondent filed.
Apr. 27, 2009 Joint Response to Initial Order filed.
Apr. 23, 2009 Initial Order.
Apr. 23, 2009 Election of Rights filed.
Apr. 23, 2009 Administrative Complaint filed.
Apr. 23, 2009 Agency referral
Source:  Florida - Division of Administrative Hearings

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