Feb 2 2010 13:12 g2/a2/2818 14:82 8589219186 DEPR PAGE @6/11 FILED Bepartnent af Business and Professional Remulatior Deputy Agency Clerk : CLERK © Bratrden Nichola Date 7716/2008 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2008-054806 WILLIAM C. SLADE, JR., D/B/A SLA-TUR CONSTRUCTION, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM C. SLADE, JR., D/B/A SLA-TUR CONSTRUCTION, INC., (“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, license number CGC 6895, which is in current and active status. 3, Respondent’s address of record is 2610 N.B. 5° Ave., Pompano Beach, FL 33064. Document in Unnamed i Feb 2 2010 13:12 g2/a2/2818 14:82 8589219186 DEPR PAGE 7/11 4, At all times material hereto, Respondent was doing business as and acting as the primary qualifying agent for Sla- Tur Construction, Inc., (“Sla-Tur”). 5. 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, beth fer the organization in general and for each specific job. 6. Sla-Tux does not possess a certificate of authority to conduct business in the State of Florida as a construction qualified business. 7. On or about June 12, 2007, Respondent, d/b/a Sla-Tur entered into an agreement with homeowner Sue Karen Melvin (“Complainant”) to construct a home addition at the residence located at 19731 Boca Greens Drive, Boca Raton, FL 33498. B. The contract price totaled $32,500. 9. On or about June 12, 2007, Respondent accepted 810,800 from Complainant as a deposit. 10. Respondent failed to commence work on the project. 11. Respondent failed to perform any additional work on the project for a period greater than ninety (90) days. 12. Respondent failed to apply for building permits for work om the project. Document in Unnamed 2 Feb 2 2010 13:13 g2/a2/2818 14:82 8589219186 DEPR PAGE 8/11 13. Although Respondent failed to commence work on the project, Respondent failed to refund any of the deposit money accepted from Complainant. COUNT_ONE 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 15. Section 489.126(2), Florida Statutes, states that a contractor who receives, as an initial payment, money totaling more than ten percent of the contract price for repair, restoration, improvement or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes amd ordinances, “and must start work within 90 days after the date all necessary permits for work, if any, are issued. 16. Based on the foregoing, Respondent violated section 439.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.126(2), Florida Statutes. COUNT TWO 17. Patitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set Document in Unnamed 3 Feb 2 2010 13:13 62/2/2618 14:02 8589219186 DEPR PAGE 89/11 forth herein. 18. Seeaetion 489.119(2), Florida Statutes, states in relevant parts, that if the applicant proposes to engage in contracting as a business organization, the business organization must apply for a certificate of authority through a qualifying agent. 19. 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 Chapter 489, Part I, Florida Statutes, or vicdlating a xwule or Jlawfyl order of the board, by having violated Section 489.119(2), Florida Statutes. 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1) (gq) @, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduet occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor ag of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess Document in Unnamed 4 Feb 2 2010 13:13 g2/a2/2818 14:82 8589219186 DEPR PAGE 18/11 funds within thirty (30) days after the date the job is abandoned. COUNT FOUR 22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. 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, ot fails to perform work without just cause for 90 consecutive days. COUNT FIVE 24. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489,129(1) (m), Florida Statutes, by committing incompetence or mismanagement 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, Document in Unnamed 5 Feb 2 2010 13:13 g2/a2/2818 14:82 8589219186 DEPR PAGE 11/11 reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455,.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this 5° day of July, 2009. CHARLES W. DRAGO, Secretary Papartment of Business and Professional Regulation By: Paul R, Waters Paul Waters Assistant General Counsel, Fl. Bar No. 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 PCP Date: 06/18/09 PCP Members: Evetts/Kane PW/at Document in Unnamed : 6

Docket for Case No: 10-000511