FLORIDA DEPARTMENT OF FINANCIAL SERVICES TOMGALLAGHER. FILED ia STATE OF FLORIDA © y DEC 20 20 = IN THE MATTER OF: Bocketed by’ . o ACE CONSTRUCTORS, INC. and CASE NO.: 79188-04-FM JOHN R. FULKERSON, AS QUALIFIER OS -OS SO ADMINISTRATIVE COMPLAINT TO: JOHN R. FULKERSON Certified Article Number ACE CONSTRUCTORS, INC. 7440 3502 5848 4435 LOLS P.O. Box 357490 Gainesville, FL 32635-7490 SENDERS RECORD INR FULKERSON 4420 NW 36" Avenue 7160 3901 9848 4435 bO22 Gainesville, FL 32606 JOHN R. FULKERSON, certificate I.D. #29003400012003, and ACE CONSTRUCTORS, INC., are hereby notified that the Chief Financial Officer of the State of Florida, in his capacity as State Fire Marshal, has caused to be made an investigation of your activities while certified as a Fire Protection System Contractor V in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, JOHN R. FULKERSON, is currently certified in this state as a Fire Protection System Contractor V (09-15), and is the Qualifier for ACE CONSTRUCTORS, INC., pursuant to Chapter 633, Florida Statutes. 2. Pursuant to Chapter 633, Florida Statutes, the Chief Financial Officer, as State Fire Marshal, and the Department of Financial Services (hereinafter “Department’”’) have jurisdiction over the certificate and eligibility for certification of ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, pursuant to Chapter 633, Florida Statutes. 3. Pursuant to Section 633.521, Florida Statutes, a Fire Protection System Contractor V is required at all times, to maintain limits of comprehensive general liability for bodily injury and property damages, products liability, completed operations and contractual liability in an amount not less than $500,000. COUNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about June 30, 2004, the State Fire Marshal sent notification to ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, at the business address, regarding the expiration of insurance coverage for the Fire Protection System Contractor certificate. This first notice was a courtesy, mailed prior to the expiration of the policy. 6. On or about August 20, 2004, the insurance coverage expired. 7. On or about September 1, 2004, a second notice was mailed by the State Fire Marshal to ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, advising that coverage had expired, providing additional insurance forms, and advising of the statutory requirements for obtaining and providing proof of insurance coverage to the State Fire Marshal. 8. On or about September 28, 2004, a final notice was sent certified mail by the State Fire Marshal to ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, notifying of the lapse in coverage and the statutory provisions regarding the maintenance of coverage, advising of the requirements for the insurance coverage, and providing additional insurance forms. 9. Subsequent to the September 1, 2004, notice, the State Fire Marshal received no response from ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, nor was proof of insurance coverage provided to the State Fire Marshal. 10. ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, failed to respond to the Department’s requests for proof of compliance with Section 633.521, Florida Statutes, IT IS THEREFORE CHARGED that ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, have violated or are accountable under the following provisions of Chapter 633, Florida Statutes, and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your license: (a) As a prerequisite to issuance of a certificate, the State Fire Marshal shall require the applicant to submit satisfactory evidence that she or he has obtained insurance providing coverage for comprehensive general liability for bodily injury and property damages, products liability, completed operations, and contractual liability. The State Fire Marshal may adopt rules ~ providing for the amount of insurance, but such amount shall not be less than $500,000 for a Contractor I, Contractor II, Contractor III, or Contractor V and shall not be less than $250,000 for a Contractor IV. An insurer which provides such coverage shall notify within 30 days the State Fire Marshal of any material change in coverage or any termination, cancellation, or nonrenewal of such coverage. An insurer which fails to so notify the State Fire Marshal's office shall be subject to the penalties provided under s. 624.4211. [Section 633.521(4), Florida Statutes]; (b) The State Fire Marshal may, at any time subsequent to the issuance of the certificate or its renewal, require, upon demand and in no event more than 30 days after notice of the demand, the certificateholder to provide proof of insurance coverage on a form provided by the State Fire Marshal containing confirmation of insurance coverage as required by this chapter. Failure to provide proof of insurance coverage as required, for any length of time, shall result in the immediate suspension of the certificate until proof of insurance is provided to the State Fire Marshal. (Section 633.521(7), Florida Statutes]; (c) Failing to provide proof of insurance to the State Fire Marshal or failing to maintain in force the insurance coverage required by s. 633.521. [Section 633. 547(2)(h), Florida Statues]; (d) Failing to obtain, retain, or maintain one or more of the qualifications for a certificate as specified in this chapter. [Section 633.547 (2)(i), Florida Statutes]. WHEREFORE, ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, are hereby notified that the Department intends to enter an Order suspending or revoking your certificate as a fire protection systems contractor or to impose such penalties as may be provided under the provisions of Sections 633.547, Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. {f a hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of ~ documents by subpoena-~ If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes, These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shal] be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Financial Services. DATED and SIGNED this 20th day of December __, 2004. } KA CHANDLER Deputy Chief Financial Officer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifer, P.O. Box 357490, Gainesville, FL 32635-7490; ACE CONSTRUCTORS, INC., and JOHN R. FULKERSON, as Qualifier, 4420 NW 36" Avenue, Gainesville, FL 32606, by Certified Mail this 20th day of __ __December , 2004. Casia R. Sinco, Esq. Florida Bar Number 0616885 Division of Legal Services 200 East Gaines St. Tallahassee, Florida 32399-0333 Phone: (850) 413-4282 Fax: (850) 488-0697

Docket for Case No: 05-000580