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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs JACK J. SCHULMAN, 10-004715PL (2010)

Court: Division of Administrative Hearings, Florida Number: 10-004715PL Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: JACK J. SCHULMAN
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jul. 02, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 22, 2010.

Latest Update: Jul. 08, 2024
a7/a2/28le 16:58 Jul 2 2010 16:10 8509219186 DEPR PAGE 83/87 FILED Department of Buattss and Professional Rapulatl AGENCY CLERK CLERK, Evette L Proctor Date 8/19/2010 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-046734 JACK J. SCHULMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation, files this Administrative Complaint before the Construction Industry Licensing Board, Divisions TI and II, against JACK J. SCHULMAN, (“Respondent”) and alleges: 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. At all times material hereto, Respondent was a Certified General Contractor, Certified Roofing Contractor, Certified Mechanical Contractor and Certified Plumbing Contractor, in the State of Florida, having been issued license numbers CGC 1514570, CGC 1108318, ccc 26453, CMC 24304, cmc 1249802, CFC 22534 and CFC 1427543. Document in Unnamed i Jul 2 2010 16:10 a7/a2/28le 16:58 8589219186 DEPR PAGE @4/a7 3. Respondent's addresses of record are 17050 Newport Club Drive, Boca Raton, Florida 33496 and 4869 Kensington Circle, Coral Springs, Florida 33067. 4. At all times material hereto, Respondent was the primary qualifying agent of Five Star Extraordinary Interiors By Design, Inc. (“Five Star”). 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, both for the organization in general and for each specific job. é. On or about June 16, 2009 a Final Judgment relating to Respondent's practice of contracting was obtained against Five Star in favor of Florida Workers’ Compensation Joint Underwriting Association, Inc. in case number 2008 CA 000851 Ne im the Cireuit Court of the Twelfth Judicial Cirevit in and for Sarasota County, Florida, im the amount of $390,477.99. 7. Respondent and Five Star failed to satisfy the Judgment within a reasonable time. 8. Rule 61G4-17.001(1) (q), Florida Administrative Code, States: for purposes of [Section 499.129(1) (q), Fla. Stat.] “reasonable time” means sixty (60) days following the entry of a Civil judgment that is not appealed. The Board will consider a Document in Uneamed 2 Jul 2 2010 16:10 a7/a2/28le 16:58 8589219186 DEPR PAGE 85/87 mutually agreed upon payment plan as satisfaction of such judgment, so long as the payments are current. 9. Based upon the foregoing, the Respondent violated Section 489.129(1)(q), Florida Statutes (2008), by failing to satisfy within a reasonable time, the terms of a civil judgment ebtained against the licensee, or the business organization qualified by the licensee, velating 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 $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. Document i Unnamed 3 @f/@2/2616 15:58 8589219186 Jul 2 2010 16:10 DEPR PAGE Signed this Sth day of May, 2010. By! PCP Date: May 5, PCP Members: DBPR 2010 Document in Unnamed CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Kyl Christopher Kyle Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile B6/a7

Docket for Case No: 10-004715PL
Issue Date Proceedings
Sep. 22, 2010 Order Closing File. CASE CLOSED.
Sep. 22, 2010 Petitioner's Motion to Cancel Hearing and Relinquish Jurisdiction filed.
Sep. 17, 2010 Petitioner's Joint Pre-hearing Stipulation filed.
Sep. 15, 2010 Order Denying Continuance of Final Hearing.
Sep. 13, 2010 Respondent's Unopposed Motion to Continue Hearing filed.
Sep. 13, 2010 Notice of Appearance (of J. Kendrick) filed.
Aug. 11, 2010 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 27, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 09, 2010 Petitioner's Motion to Continue Hearing filed.
Jul. 27, 2010 Notice of Taking Telephonic Deposition (of J. Brown) filed.
Jul. 14, 2010 Petitioner's First Request for Admissions to Respondent filed.
Jul. 12, 2010 Order of Pre-hearing Instructions.
Jul. 12, 2010 Notice of Hearing by Video Teleconference (hearing set for August 23, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jul. 09, 2010 Joint Response to Initial Order filed.
Jul. 06, 2010 Initial Order.
Jul. 02, 2010 Election of Rights filed.
Jul. 02, 2010 Administrative Complaint filed.
Jul. 02, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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