Received Event (Event Succeeded) oa” Date: 42/20/2004 Time: 4:01 PM Pages: 10 Duration: 2 min 39 sec Sender: 8504146749 Company: Fav Numbhar: Snhiart- bh 12/20/2084 16:89 3584145749 DBPR OGA PAGE 96/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Cou -US7 Y pL vs. Case No. 2003-085954 JOHN C. BOLEN, JR., D/B/A BOLEN BUILDERS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN C. BOLEN, 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, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Residential Contractor, in the State of Florida, having been issued license number CR 1250517 3. Respondent's last known address is 15531 Old Cheney Highway, Orlando, Florida 32828. EXHIBIT i 6 Received Event (Event Succeeded) Date: 42/20/2004 Time: 4:01 PM Pages: 10 Duration: 2 min 39 sec Sender: 8504146749 Company: Fay Numbhor: Suhiart- tT 12/28/2884 16:88 8504146749 DEPR OGA PAGE 07/18 4. Atall times material hereto, Respondent was licensed to do business as an individual. 5. On or about February 18, 2003, Respondent, doing business as Bolen Builders, Inc., contracted with Pamela Harrah (“Harrah”) for a room addition at 207 East Pierce Avenue, Orlando, Florida. 6. The contract price was $33,700, and Respondent was paid $29,055. 7. Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of atl labor and materials does not exceed $2,500. 8. Respondent failed to include notice of the Construction Industries Recovery Fund in the contract. 9. Section 489.119(6)(b), Florida Statutes, provides that each registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 10. Respondent failed to include his license number on the contract. 11. | Respondent commenced work on the project after the proper permits were obtained. 12. After April 26, 2003, Respondent ceased work on the project, thereby abandoning v the project. Received Event (Event Succeeded) Date: 12/20/2004 Time: 4:01 PM , Pages: 10 ti Sender: 8504146749 Company’ ?mnseees Foy Numbar- ooeen T 12/20/2884 16:28 9504146749 peer aA PA‘ GE 88/18 13. Onor about August 29, 2003, Tri-City Blectrical Contractors, Inc. filed a Claim of Lien against the Harrah property, in the amount of $4,686 for the unpaid balance due them. 14, Respondent failed to satisfy the lien within 75 days of filing. 15. Onor about July 25, 2003, Kenneth W. Ritter (“Ritter”), of Southwick, Inc., signed a Subcontractor’s Affidavit and Final Waiver of Lien. 16. Ritter certified that be had been paid in full, in the amount of $4,099, by Harrah. COUNT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one "4 through sixteen as fully set forth herein. if ae 18, Based on the foregoing, Respondent violated section 489.1 291(B)1, Florida VY Statutes, by committing mismanagement or misconduct in the practice of contracting that causes Y 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 customet’s job; the contractor has received funds from the customer to pay for the supplies of services; and the contractor has not had the liens removed from the property, by payment of by bond, within 75 days after the date of such liens. COUNT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one & through sixteen 4s fully set forth herein. en \ x 20, Based on the foregoing, Respondent violated Section 489.129(1)@), Florida Statutes, by abandoning @ construction project in which the contractor is engaged or under contract aS 8 contractor. Received Event (Event Succeeded) Date: 42/20/2004 Time: 4:01 PM Pages: 10 Duration: 2 min 39 sec Sender: 8504146749 Company: Fov Numbhar: Suhiart- iT 12/20/2884 16:88 9584146749 DEPR OGA PAGE 99/18 COUNT IL 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as fully set forth herein. & 22. Based on the foregoing, Respondent violated Section 489.129(1)(i), 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, by failing to include his license number on the contract, in violation of Section 489.1 19(6)(b), Florida Statutes. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as fully set forth herein. ce 24, Based on the foregoing, Respondent violated Section 489.129(1)@), 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, by failing to include notice of the Construction Industries Recovery Fund in the contract, in violation of Section 489.1425(1), Florida Statutes. 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 Received Event (Event Succeeded) Date: 42/20/2004 Pages: 10 Sender: 8504146749 Fav Alimhar: T 12/20/2064 16:08 9584146749 Time: 4:01 PM Duration: 2 min 39 sec Company: Cuhiact DEPR OGA PAGE 18/18 Signed this OO by of Chapters 489, 455, Florida Statutes, and/or the rules promul, ted thereunder. MS , 2004. crip Th Case # 2003-085954 PC Found: June 22, 2004 Div I: Del Vecchio / Alford Charles J. Pellegaizti / Assistant General Counsel tenant ED iness and DEPuTy cen Regulation WMlichola 10

Docket for Case No: 04-004574PL