STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2018-038542 ROBERT E. ALLARD, JR., Respondent, / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against Robert E. Allard, Jr. (“Respondent”) and alleges: I, 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 licensed as a Certified Pool/Spa Contractor in the State of Florida, having been issued license number CPC 13782. 3: Respondent's address of record is 2608 Castilla Isle, Fort Lauderdale, Florida 33301. 4. At all times material hereto, Respondent was the primary qualifying agent of Robert Allard Pool Contracting Inc. (“Allard Pool”). 3 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. 6. On or about June 19, 2018, during a routine sweep conducted by the Department of Financial Services, Workers’ Compensation Division, investigators observed Jay Allen Bollen (“‘Bollen”) performing pool contracting work for compensation at 3059 Gin Berry Way, West Palm Beach, Florida 33401. Ts Respondent confirmed that Bollen was hired as a subcontractor and was not on payroll as an employee of the company. 8. At no time material hereto was Bollen certified or registered to engage in the practice of construction contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 9. Respondent knew or had reasonable grounds to know that Bollen was not certified or registered to engage in the practice of construction contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. COUNT ONE 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 11. Section 489.129(1)(d), Florida Statutes, states that action can be taken against a contractor if the contractor performs any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified or unregistered. DBPR v. Allard Administrative Complaint Case No. 2018-038542 2 12. 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 performance of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. 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. DBPR v. Allard Administrative Complaint Case No. 2018-038542 3 Signed this 26" day of March, 2019. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/ Taylor R. Anderson Taylor R. Anderson Assistant General Counsel Florida Bar No. 127259 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, FL 32399-2202 (850)717-1848 Telephone (850)921-9186 Facsimile Taylor.Anderson@myfloridalicense.com PC Found: 03/26/2019 By: McCullers/Bailey DBPR v. Allard Administrative Complaint Case No. 2018-038542 4 NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that 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 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. 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 related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed. DBPR v. Allard Administrative Complaint Case No. 2018-038542 5

Docket for Case No: 19-002979PL