OT Hi <4 p, / STATE OF FLORIDA | bh6 DEPARTMENT OF BUSINESS AND PROFESSIONAL aeculamyd (CN pg CONSTRUCTION INDUSTRY LICENSING BOARD HEA pMFA dive DIVISIONS I & II "GS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . Case Nos. 99-07298 Ol lo AL THOMAS BARCLAY O'CONNOR, . Respondent, / ADMINISTRATIVE COMPLAINT ’ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against THOMAS BARCLAY O'CONNOR, ("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 Roofing Contractor, in the State of Florida, having been issued license numbers CG C031823 and CC C056810. 3. Respondent's last known address is P.O. Box 14450, Jacksonville, Florida 32238. His address of record is 1279 Sorrells Court, Jacksonville, FL 32221. 4, Until February 16, 1999, Respondent was the licensed qualifier for O'Connor & Sons, Inc. 5. Section 489.1" *(1)(@), Florida Statutes, provides that - . orimary 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. At some time prior to November 10, 1998, Jeff Bauer Plumbing Co., Inc. filed a complaint against Respondent, as O’Connor & Sons, in the County Court, Fourth Judicial Circuit, in and for Duval County, Florida. 7. The complaint alleged that between January 22, 1997 and June 3, 1997, O'Connor é Sons agreed to Purchase plumbing supplies : and equipment f from Jeff Bauer Plumbing, ¢ and that Jeff Bauer Plumbing sold and delivered the supplies and equipment ordered by O° Connor ¢ & Sons. The invoices reflected that these goods were for jobs at various job locations during that time period. 8. The complaint further alleged that O’Connor & Sons failed to pay Jeff Bauer Plumbing $1,152.90 for the goods sold to O’Connor & Sons by Jeff Bauer Plumbing 9. On or r about November 10, 1998, the County Court, in and for Duval County, Florida issued a Final Judgment in favor of Jeff Bauer Plumbing ordering O°Connor & Sons to pay Jeff Bauer Plumbing the amount of $1,390.53 plus interest. 10. To date, the final judgment has not been satisfied by Respondent. 11. Rule 61G4-17.001(23), Florida Administrative Code, states in part that for the purposes of Section 489.129(1)(r), Florida Statutes, “reasonable time” means ninety (90) days following the entry of civil judgment that is not appealed. 12. Based on the foregoing, the Respondent violated Section 489.129(1)(q), Florida Statutes, by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing « Board enter an Order imposir_ ne or more of the following penalties: ‘ace 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 | aN _ TARY day of 4 jon U , 2000. FILED Department of Business and Professional Regulation William Oglo Wn0 DEPUTY CLERK Assistant General Counsel WY . cccmet arelon 1 lichol Department of Business and DATE _. 3 -)3 -2006| COUNSEL FOR DEPARTMENT: Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 Works, Case # 99-07298 © | PCP. c/a Jor

Docket for Case No: 01-001716PL