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
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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
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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
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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
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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
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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.
|