STATE OF FLORIDA WOE Vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. : Case No. 2000-02632 0] - en PO LEON JOSEPH RICHARD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against LEON JOSEPH RICHARD, ("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 Registered Roofing Contractor, in Walton County, Florida, having been issued license number RC0066895. 3. At no time material hereto was Respondent licensed to engage in the practice of contracting in Okaloosa County. 4, Respondent's last known address is 180 Eastern Street, Freeport, Florida 32439. i 5... Atall times material hereto, Respondent was licensed as a primary qualifying agent for Leon Richard Roofing ("LRR"). 6. 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. 7. On or before March 3, 1999, the Respondent entered into a verbal contractual agreement with Judith and Kenneth Sanchez (hereinafter "Sanchez") to roof a new residence being built at 306 Olde Post Road, Niceville, Okaloosa County, Florida. 8. The total contract price was $1687.00 which Sanchez paid the Respondent in full. 9. On or about March 3, 1999, the Respondent commenced work on the project before a building permit was obtained for the project. 10. Onor about August 3, 1999, permit number 137739 was issued by the Okaloosa County Planning and Inspection Department to Sanchez for the aforesaid project. 11. The roof failed to pass final inspection. 12. Code violations noted by the building department include, but are not limited to, roof leak, improperly sealed crickets (must use 90 1b. felt underneath), nail penetrations within six inches of the center of valley, edges of the roof not sealed four inches from the edge, toe board and extra shingles not removed from roof. 13, On or about May 31,1999, Sanchez contacted the Respondent about correcting the code violations. 14. The Respondent failed to return to the project and correct the deficiencies within 90 days. 15. After 90 days, Sanchez contacted Jeff Williams of Home Maintenance and Improvement to repair the leak and get a final inspection on the property for $600.00. COUNTI 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fifteen as though fully set forth herein. 17. Section 489.117(1)(b), Florida Statutes, provides that registration allows the registrant to engage in contracting only in the counties, municipalities, or development districts where he or she has complied with all local licensing requirements and only for the type of work covered by the registration. 18. Based on the foregoing, the Respondent violated Section 489.129 (1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, more specifically by contracting outside of the county where the Respondent is registered. COUNT II 19. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fifteen as though fully set forth herein. 20. Based on the foregoing, the Respondent violated Section 489.129 (1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 7 COUNT III 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fifteen as though fully set forth herein. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections, more specifically by commencing work on a project before obtaining a permit. COUNT IV 23, Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fifteen as though fully set forth herein. 24, Based on the foregoing, the Respondent violated Section 489.129(1)(j), 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 V 25. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fifteen as though fully set forth herein. 26. Based on the foregoing, the 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 mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the 4 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 the job is abandoned. 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 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. Signed this Agi he day of Mew ick na , 2000. * COUNSEL FOR DEPARTMENT: a ae FILED G.W. Harrell Department of Business and Professional Regulation Interim Lead Construction Attorney DEPUTY CLERK Department of Business and Professional Regulation cure LoterdnlV Nol Office of the General Counsel 1940 N. Monroe Street, Suite 60 DATE | ~20 -2000 YY TAL Tallahassee, FL 32399-2202 , GWH/jkm Case # 2000-02632 PCP: August 24, 2000 Lawson & Weller

Docket for Case No: 01-001091PL