C \ Ne eo wm 20 STATE OF FLORIDA os a DEPARTMENT OF BUSINESS AND PROFES SIONAL REGULATION ™ ree) CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 0 O / 4 Y / Petitioner, vs. ‘ Case No. 98-11894 MICHAEL D. WHITE, JR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL D. WHITE, JR., ("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, Fi lorida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Pool/Spa Contractor, in the State of Florida, having been issued license number CP C021422. 3. Respondent's last known address is 306 East Paris Street, Tampa, Florida 33604. 4, Atall times material hereto, Respondent was the licensed qualifier for Gulfshore Pool a v wy and Spa, Inc. (hereinafter referred to as " Gulfshore"). 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. 6. Respondent failed to obtain a certificate of authority for Gulfshore as required by Section 489.119(2), Florida Statutes. 7. On or about May 10, 1996, Gulfshore entered into a written contract with Dennis and Peg gy Rodebush to construct an inground swimming pool at their residence located at 5112 San Jose Street, Tampa, Florida. 8. The contract price, including change orders, was sixteen thousand seven hundred eighty-seven dollars ($16,787.00). 9. On or about June 26,1996, the homeowner, Dennis Rodebush’("Rodebush"), obtained owner/builder permit number 152585 from the City of Tampa Building Department. 10. Respondent accepted from Rodebush sixteen thousand seven hundred twenty-three dollars and thirty-six cents ($16,723.36) along with a boat and motor with an agreed value of fifteen hudred dollars ($1,500.00) bringing the total consideration paid by Rodebush on the contract to eighteen thousand two hundred twenty-four dollars ($1 8,224.00). 11. Onorabout June 10, 1996, Respondent commenced construction. 12. Onor about October 31, 1996, Rodebush cancelled the contract between himself and Respondent, alleging abandonment. VV vy SL VY 13. Rodebush was forced to hire subsequent contractors, including but not limited to, Pinch-A Penny Pool - Patio - Spa, to complete and repair the swimming pool. 14. Rodebush paid approximately twelve thousand dollars ($12,000.00) over and above the contract price to complete the swimming pool. 15. Onor about October 8, 1996, Bates Electrical Services, Inc., filed a valid claim of lien in the amount of three hundred twelve dollars and fifty-six cents ($312.56) against the Rodebush property. 16. | Onor about December 10, 1996, Performance Marcite, Inc., filed a valid claim of lien in the amount of nine hundred forty dollars ($940.00) against the Rodebush property. i 17. Respondent failed to have the claims of lien removed from the property within seventy-five (75) days of the dates of the respective liens. 18. Inor around April 1997, Rodebush filed a complaint with the City of Tampa Building Department against Respondent. 19. On or about February 5, 1998, the Hillsborough County, Building Board of Adjustment, Appeals and Examiners in Case Number CC-152585-L entered an Order against Respondent not allowing him to register his state certified license in Hillsborough County for a period of five (5) years for violating Hillsborough County Construction Code Ordinance 95-3, Section 108.6.1(13) and Section 108.6.1(14), misconduct, fraud and failure to pay two (2) sudcontractors, resulting in two (2) claims of lien being filed against Rodebush’s property. 20, Onor about February 23,1998, Respondent appealed the aforementioned order. 21. Asaresult of the appeal, the matter was reheard on September 3, 1998, and on or Ly La Ne wr about October 1, 1998, the Hillsborough County, Building Board of Adjustment, Appeals and Examiners in Case Number CC-152585-L entered a second order not allowing Respondent to register his state certified license in Hillsborough County for a period of five (5) years. 22. Onor about November 3,1998, Respondent filed an appeal pertaining to the second order. 23. Onor about April 29, 1999, the City of Tampa, City Council, denied Respondent's appeal in Case Number CC-152585-L and affirmed the order not allowing him to register his state certified license in Hillsborough County for a period of five (5) years. COUNT I 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count I. 25, Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statues, by being disciplined by any municipality or county for an act or violation of this part. COUNT II 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count Il. 27. Section 489.119 (2), Florida Statutes, provides that an applicant who proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other Jegal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. VV vj 28. Based on the foregoing, Respondent violated Section 489.129(1)@j), 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, including, as here, Section 489.119(2), Florida Statutes by failing or refusing to obtain a certificate of authority for Gulfshore Pool and Spa, Inc. COUNT III 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count III. 30. Based on the foregoing, Respondent violated Section 489.129(1)(h)1., Fi lorida Statutes by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT IV 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count IV. 32. Based on the foregoing, Respondent violated Section 489.129(1)(h)3., F lorida Statutes by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor's job has been completed and it is shown that the customer has had to pay more for the contracted job V uy = Nw thar the original contract price, as adjusted for subsequent change orders, unless such increase in costs was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 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 $5,000 per violation, require continuing education, assess costs associated with investi gation 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. Signed this, 7 dayof__ A#Anuary , 2000. FILED Department of Business and Professional Requiation DEPUTY CLERK La 2 LO Nowad Wu: yh by By: Cathleen E. O'Dowd cere 1 tardn . Lead Construction Attorney DATE — 2-R4-A000 _ Pep. February 23,2000 Division: Susan Stokes / Keith Lawson, $e. \w = COUNSEL FOR DEPARTMENT: Robert A. Crabill Assistant General Counsel Florida Bar No. 0134473 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 RAC/ Case #98-11894 Cw

Docket for Case No: 00-001941

Orders for Case No: 00-001941