May 4 2010 16:02 4 65/84/2018 15:52 8589219186 DBPR PAGE 62/1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2007-057510 WALLACE BERNARD CHESTER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business . and ~ Professional Regulation, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WALLACE BERNARD CHESTER ("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 CG C1504933. 3. Respondent's address of record is 39 NW 166% Street, Suite 5, Miami, Florida 33169, G:\Ted 2008 Construction Casce\7-0575 10 Chestcr.AC.doc 1 May 4 2010 16:02 85/84/2810 15:52 8589219186 DBPR PAGE @3/14 4. At all times material hereto, Respondent was licensed as the qualifying agent for The Chester Group, Inc. (hereinafter -xeferred.;to.. as "Contractor"), a= Florida. corporation . with. qualified business organization certificate of authority number QB23364. 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 ail operations of the business oxganization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. At all times material hereto, Re-Model It With Tile, Marble And Paint, Inc. (“Re-Model”) was a Florida corporation. The Respondent and/or the Contractor’ knew that, and in fact, Re- Model was not licensed to practice residential, building, or general contracting in the State of Florida pursuant to Part I of Chapter 489,. Florida Statutes. 7. On or about July 14, 2004 Re-Model entered into a written contract with Yulene Detry (hereinafter referred to as “Detry”) for the: construction of an addition to Detry’s residence located at 7103 NW 6gth Avenue, Tamarac, Florida. | 8. The contract price was $37,000.00. 9. Pursuant to the contract or otherwise in furtherance GATed 2008 Construction Cancx07-0875 10 Chester. AC.doc 2 May 4 2010 16:02 05/84/2018 15:52 8589219186 DBPR PAGE @4/14 of the project, Detry made payments to Re-Model toward the contract price on or about the following dates and in the following amounts: Date Amount July 15, 2004 $ 1,000.00 January 29, 2006 7,000.00 January 29, 2006 1,500.00 May 26, 2006 - 10,000.00 September 1, 2006 3,500.00 October 4, 2006 4,000.00 October 25, 2006 1,200.00 October 31, 2006 1,000.00 November 15, 2006 1,000.00 . $30,200.00 . Total 10. On or about July 28, 2008 the Contractor applied to the City of Tamarac building department for a building permit for the project. The application was. approved, and on or about February 1, 2006 building permit number 04-2485 was issued. ll. Re-Model performed or attempted to. perform, but did not complete, the work called -for by the contract: -- After approximately November 2006 Re-Model performed no further work. 42. On or about December 31, 2007 Detry submitted an application to the building department seeking to change the contractor for the building permit from the Contractor to Detry as owner/builder. The application was approved, and or about January 2, 2008 Detry as owner/builder was substituted for the Contractor as the contractor for the building permit. G\Ted 2008 Construction Cancs\07-057510 Chester, AC.doc . 3 May 4 2010 16:02 @5/04/2010 15:52 8589219186 DBPR PAGE 05/14 COUNT ONE 13. Petitioner realleges and incorporates the allegations ‘set-.forth:in paragraphs one through twelve .as..though -fully. set forth in this Count One. 14. Section 489.127(4)(c), Florida Statutes, states: “A certified or registered contractor...may not apply for or obtain a building permit for construction work unless the certified or registered contractor...or business organization duly qualified by.. said” contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit.” 15. Based. upon the | foregoing, the 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. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set ‘forth in this Count Two. 17. Based upon the foregoing, the Respondent violated Section 489.129(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 G:\Ted 2008 Construction Cascs\07-0375 10 Chester. AC.doc . , 4 May 4 2010 16:02 85/84/2018 15:52 8589219186 DBPR PAGE 06/14 certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered... -- Sp he miner ont 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 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, i the rules promulgated thereunder. Signed this Z day of | , 2008. - ~e an, i F hemi. bi, * & ar Theodore R. Gay Assistant General Counsel Florida Bar No. 242896 F | L E D _ Department of Business and Department of Business and Professional Regulation Professional Regulation DEPUTY CLERK Office of the General Counsel 8240 NW 52™ Terrace, Suite 304 Miami, Florida 33166 : ] . } - 200 (305) 470-6783 ext. 2225 Telephone DATE 6 (305) 470-5781 Facsimile TRG/sb . GATed 2008 Construction Cases\07-057510 Chester. AC.doc 5 PC Found: December 2, 2008 Div. L Stewart & Sheehan

Docket for Case No: 10-002433PL