COFER29 prio yy r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I AND II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, — - - DBPR Case No. 99-06529 Vv. 4 00-0776 MICHAEL CONE, ye Respondent. / ADMINISTRATIVE COMPLAINT Petitioner. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board against MICHAEL CONE, (“Respondent”). and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Stanutes, and Chapters 455 and 489, Florida Statutes. 2, Respondent is, and has been at all times material hereto, a Certified Underground Utility and Excavation Contractor and a Certificd General Contractor in the State of Florida, having been issued license numbers CU C056721 and CG C016903, respectively. 3. Respondent's last known address is P.O. Box 22869, Tampa, FL 33622-2869. - \ my U U 4, At all times matcrial hicrcto, Respondent was the licensed qualificr for Conc Constructors, Inc., and therefore, responsible for all of its contracting and financial activitics. 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 gencral and for each specific job. 6. Respondent failed to obtain a certificate of authority for Cone Constructors, Inc., as required by Scction 489.119(2). Florida Statutes. 7. On or about July 29, 1999, Respondent pleaded no contest to one count of Money Laundering in violation of Section 896.101(2)(a), Florida Statutes, a second degree felony in the State of Florida, one count of Unlawful Compensation in violation of Section 838.016, Florida Statutes, a third degree felony in the State of Fiorida. and onc count of Falsc Official Statement in violation of Section 837.06. Florida Statutes, a sccond degree misdemeanor in the State of Florida. The charges were filed in case numbcr 99-13256 in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County. Florida. 8. The charges related to the practice of contracting in that they stemmed from Respondent’s transactions with a Florida Department of Transporiation official to sccure benefits for his business, Conc Constructors. Inc. 9. Respondent reccived a sentence of three hundred sixty-four (364) days in county jail with work release and five years of probation. Respondent also had to pay one hundred fifty-three thousand five hundred dollars ($153,500) in costs and fifty thousand dollars ($50,000) in criminal fines. U U COUNT I 10. Petitioner realleges and incorporates the allegations sct forth in Paragraphs Onc through Nine as though fully sct forth hercin. 11. - Based upon the foregoing, Respondent violated Section 489.129(1)(b), Florida Statutes. by being convicted or found guilty of. or entering a plea of nolo contendere to. regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. COUNT II 12 Petitioner realleges and incorporates the allegations sct forth in Paragraphs One through Nine as though fully set forth herein. 13. Section 489.119(2), Florida Statutes, requires that if an applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s Icgal name or a fictitious name where the applicant is doing business as a sole proprictorship. the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if any. 14. Based upon the foregoing. the Respondent violated Section 489.129(1)(i). Florida Statutes, by failing in any material respect to comply with the provisions of this part (Part I, Chapter 489] or violating a rule or Jawful order of the board. WHEREFORE. Petitioner respectfully requests the Construction Industry Licensing Board to enter an Order imposing onc or more of the following penaltics: placc the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or ro : \ 5 U WU registration, require financial restitution to the consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing cducation, asscss costs associated with investigation and prosecution, impose any or all penaltics delincated within Section 455.227(2), Florida Statutes, and/or any other relicf that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this__v?9__ day of Ja Cann Are , 1999. Lakh &X DNend By: Cathleen E. O'Dowd Lead Construction Attorney COUNSEL FOR DEPARTMENT: Robert A. Crabill Assistant General Counsel POM YB) ivs)aa FL Bar Number: 0134473 : : aA Syencnonk Department of Business and TRE Ra TIE BOONE Professional Regulation Cawaers + Grows Northwood Centre 1940 North Monroe Street F | [ F D Tallahassee, FL. 32399-2202 ; Department of Business and Professional Regulation DEPUTY CLERK seemed yuardent Michele DATE | — | 0 = 2000 Case # 99-06529

Docket for Case No: 00-000946