Aug 4 2010 13:01 ga/ad/2Ale 12:4e 8589219186 DEPR PAGE 46/11 FILED 1 epartment of Business and Prafesstonal Hegulatlon cae — Deputy Agency Clerk cheek = Brandon Nichols Date 10/27/2009 File 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT «& IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2005-030785 WILLIAM MICHAEL GLASER, Respondent. / 1 ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM MICHAEL GLASER d/b/a ALL AMERICAN ENTERPRISES OF SARASOTA ("Respondent"), and says: iL. 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, at all times material hereto, | was a Certified Roofing Contractor in the State of Florida,| having heen issued license number CC C1213760 and a Certified |General Contractor in the State of Florida, having been issued Jicense number CG C57508. Both licanses currently in “current and active” status. GAOGCIPRWALA\William Ginger 2005030785(22)(Xm)luc,doe Aug 4 2010 13:01 8/a4/26168 12:48 8589219186 DEPR PAGE 7/11 3. Respondent's last known address of record, currently on file with Petitioner, is 4840 Sawyer Road, Sarasota, Florida 34233. 4. At all times material hereto, Respondent was doing business as and was the primary qualifying agent for W.M.G. Cozrp., d/b/a All American Enterprises of Sarasota, (“WMG”), which has been issued Certificate of Authority number QB 31763, which became Null and Void on October 7, 2008 after expiring on August 31, 2005. 3. On or about September 10, 2004, Respondent sold the Majority of his interest in WMG; however, he remained the primary qualifying agent of WMG. Therefore, under licensure law, he remained liable for supervision of WMG and for the financial matters of WMG. 6. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization aré 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 18, 2004, WMG entered into a contract, (“Contract”), with Lynn Bache, ("Complainant"), to re- roof her home located at 370 Sarrento Court, Punta Gorda, Florida (“Project”). GAOGC\PRWLA\William Glaser 2005030785(e2)(j)(m)\ac.doc 2 Aug 4 2010 13:02 ga/ad/2Ale 12:4e 8589219186 DEPR PAGE 8/11 8. The total contract price was around $25,000, of which Respondent has accepted around $15,000. 9. WMG abandoned the Project. 10. WMG terminated work on the Project without just cause. 11. WMG terminated work on the Project without properly notifying Complainant. 12. WMG failed to perform work on the Project for a period greater than 90 days. 13. Although WMG accepted $15,000, ox roughly 60% of the Contract price, WMG performed less than 60% of the work on the Project. 14. Neither Respondent nox WMG have réfunded any money to the Complainant. 15. Neither Respondent nor WMG have returned to the Project and completed the work. COUNT _ONE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as theugh fully set forth herein. 17. 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. Financial ta smanagement or misconduct occurs when the contractor has abandoned a customer's GAOGC\PRWILA\William Glaser 2005030785(g2)(i)(m)\ac.doe 3 Aug 4 2010 13:02 8/a4/26168 12:48 8589219186 DEPR PAGE 89/11 job and the percentage of completion is less that 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 texms of the contract or refunds the excess funds within 30 days after the job is abandoned. COUNT TWO 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 19. 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. 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. COUNT THREE 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 483.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. COGOPRWLAWilliam Glaser 2005030785(22)(])m)\ac.doc 4 Aug 4 2010 13:02 ga/ad/2Ale 12:4e 8589219186 DEPR PAGE 18/11 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 rélief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this ist day of September , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Paul Richard Waters Paul Richard Waters, Esq. Assistant General Counsel Florida Bar No. 817651 Department of Business and Professional Regulation ‘Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (830) 488-0062 Telephone (850) 414-6749 Facsimile PCP Date: July 28, 2009 PCP Members; Div I: Del Vecchio « Hussey Div II: Holloway « Pietanza GAOGC\PRWILA\William Glaser 2005030785(p2)(()(m)\ac,das 4 Aug 4 2010 13:02 ga/ad/2Ale 12:4e 8589219186 DEPR PAGE 11/11 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF CosTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this Matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs rélated to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGCIPRWALA\William Glaser 2005030785(22)(7)(m)\ae.doc 6

Docket for Case No: 10-007124PL