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
|