ow ta oti vot ob a, so Mie mi le a, baba ee . license n STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II _ DEPARTMENT OF BUSINESS AND 60-15 Lh o . PROFESSIONAL REGULATION, Petitioner, Vv DBPR Case No. 98-13595 : JODY MARK BARRY, Respondent. ; ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (Petitioner”), files ‘this Administrative Complaint before the Construction Industry Licensing Board against JODY MARK BARRY, (“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, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor and a Certified d Plumbing Contractor, in the State of Florida, having been issued CF 035766, respectively. R ponden 32257, and 3710 Spring Park Rd., Jacksonville, Florida 32217. ast known addresses are 9930 Moorings Dr, Tacksonville, Florida 4, At all times material hereto, Respondent was the licensed qualifier for Exterior Design, Inc., and therefore, responsible for all of its contracting and financial activities. 5. At no time material hereto, did Exterior Design, Inc., obtain a certificate of authority as required by Section 489.119(2), Florida Statutes. 6. At no time material hereto was Jerry Bevis licensed, certified, or registered to engage in the practice of contracting the State of Florida. 7. At no time material hereto, was Jerry Bevis an employee of Exterior Design, Inc., as defined by Section 489.103(2), Florida Statutes. / 8. On or about October 8, 1997, Bevis entered into a written contractual agreement with William Scott to construct a single family residence to be located on Lot 10, 236 Hidden Dune Court, Ponte Vedra, Florida, 32082, for a contract price of $118,525.00. 9. At the time the contract was executed, Scott paid a deposit in the amount of $1,700.00 to Bevis. 10. Thereafter, i in or around December 1997, Scott entered into a written contractual agreement with the Respondent which superseded the contract negotiated with Bevis. 11. Said contractual agreement referenced the deposit previously paid to Bevis. 12. The total contract price was $118,525.00 of which Scott paid $10,152.50 to Exterior Design, Inc., as a deposit. Scott was given credit for the $1,700.00 previously paid, 13. As of May, 1999, other than clearing the lot, Respondent failed to commence with the construction of the Scott Project. 14. On or about, August 12, 1998, Scott hired James ‘Thigpen to correct the lot, which was not graded properly a at an additional c cost of $2, 837. 00. cme em SRE emerge coerce w ae, 15. At no time material hereto, did Respondent obtain a permit for the project under contract at on Lot 10, 236 Hidden Dune Court, Ponte Vedra, Florida, 32082. 16. _ Respondent received a greater percentage of the contract price than that completed, and was not entitled to retain such funds under the terms of the contract, COUNT I . 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein. 18. Based on the foregoing, the Respondent violated Section 489.129(1)(h)2, Florida Statutes (1997), 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 has abandoned a customer’s job and the percentage of completion is less than the . percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date of the job is abandoned. COUNT II 19. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein, «20, Based « on the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes (1997), 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 es the Project Without just cause or r without proper notifi ication to the owner, including th the edi Ricedliiiekss Aids dccetleeestateantdatine COUNT IT 21. Petitioner realleges ‘and incorporates the allegations set forth in Paragraphs One through Sixteen as though fully set forth herein, 22. Section 489.119(2), Florida Statutes (1997), requires that a licensee must, if he proposes to engage in contracting as a business organization, including any partnership, corporation, — business trust or other legal entity, 0 or in any name other than the applicant s legal name or fictitious name where the applicant is doing business as a sole proprietorship, the business organization 1 must apply for a certificate of authority through a qualifying agent and under the fictitious name, if fany. 23. Respondent failed to obtain a certifi cate of authority for Exterior Design, Inc., as required by Section 489, 119(2), Florida Statutes. 24. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNTIV 25. Petitioner Tealleges and incorporates the allegations set forth i in Paragraphs One through Sixteen as though fully set forth herein. 26, Based on the foregoing the Res ondent iolated S 489.129(1)(e), Florida (1997), by performing any act which assists a person or entity in the ractice 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 ~ to enter an Order imposing one or more of the following penalties: place the license on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or Case #98- 13595 - a - — _ , ced. wf ) i ; ; registration, require financial restitution to the consumer, impose an administrative fine not. to exceed $5, 000 per violation, require continuing education, assess costs associated with i investigation Protea ithiee estos eo and- prosecution, i impose any or all penalties delineated within Section 455. 2270), Florida Statutes, and/or any other relief that the Board i is authorized to impose pursuant to Chapters 489, 455, Florida 7 Statutes, and/or the rules promulgated thereunder. Signed this V day of _/Vo Yemsn , 1999. Loo AL & D'deud By: Cathleen E. O’Dowd ' Lead Construction Attorney COUNSEL FOR DEPARTMENT: Laurie B. Woodham Assistant General. Counsel ; a os im FL Bar Number:0049549 7 ae Department of Business and = PL #* 10) 2-a)RA Professional Regulation Northwood Centre oe . 1940 North Monroe Street Te Vey rebel + Sy en enons Tallahassee, FL 32399- 2202 C owed Kars.00 $ Departmen of Business and Professional Regulation | |

Docket for Case No: 00-001524