STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Palo (le -Dotaee Case No, 2004-003267 JOHN B. MORTON OL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN B. MORTON I, ("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 Roofing Contractor, in the State of Florida, having been issued license number CC C011043. 3. Respondent's address of record is 700 NE 42" Street, Oakland Park, Florida 33334, ) ) 4. At all times material hereto, Respondent was licensed as the qualifying agent for Morton Roofing, Inc, (hereinafter referred to as "Contractor"). The Contractor does not have a certificate of authority as a qualified business organization (QB license). 3. 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. 6. The Contractor failed to obtain a QB license. 7. On or about June 23, 1998, the Contractor entered into a written agreement with Sixth Moorings Condominium, Inc. (hereinafter referred to as the “Customer”) to re-roof the Customer’s residential condominium building located at 18555 N_E. 14th Avenue, North Miami Beach; Florida. 8. The contract price was One Hundred Forty One Thousand dollars ($141,000.00). 9. During the period from approximately July 10, 1998 to February 12, 1999, the Customer made payments to the Contractor totaling One Hundred Forty Four Thousand Two Hundred Fifty Five dollars ($144,255.00). The contract included a 10-year guarantee against leaks due to workmanship or materials. 10. Onor about July 7, 1998, the Contractor applied for a building permit from the Miami-Dade County building department. The application was approved, and on or about July 22, 1998, building permit number 1998097817 was issued. 11. During the period from approximately July 1998 to January 1999, the Contractor performed or attempted to perform the work called for by the contract. On or about November ine) ij ) 12, 1998 a passing final inspection for the re-roofing work occurred. On or about January 14, 1999, a passing final inspection for related work involving roof mounted air conditioning equipment occurred, 12. In performing the re-roof work, the Contractor failed to make appropriate provision for proper drainage of the roof to prevent ponding water, and, as a result, after the work was performed, substantial ponding water occurred after rainfalls, causing the roof to deteriorate more rapidly than it should have. COUNT I 13. The Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 15. Based upon the foregoing, the Respondent violated Section 489. 129(1)Q), 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. COUNT H 16. The Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IL. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(n), Florida J ) Statutes (1997), by committing incompetency or misconduct in the practice of contracting. COUNT IH 18. The Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 19, Onor about September 15, 2003 and at various other times during the warranty period, the Customer notified the Contractor that the roof leaked and that the roof was in need of repairs to improve drainage in order to prevent ponding water. The Contractor failed or refused to perform repairs, inspect, or otherwise address the Customer’s concerns. 20. Thereafter, on or about December 11, 2003, the Customer contracted with another company to have repairs done for Twenty Thousand dollars ($20,000.00). 21, Rule 61G4-17.001(1)(m)1., Florida Administrative Code, states: Misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1)(n), Florida Statutes, shall include, but is not limited to failure to honor a warranty. 22. Based upon the foregoing, the Respondent violated Section 489,129(1)(n), Florida Statutes (1997), by committing incompetency or misconduct in the practice of contracting. 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 ss Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. & Signed this 2 day of AH AA ( , 2005. T acdiae. fe... G. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay F | L E D Assistant General Counsel Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation M 8685 NW 53” Terrace, #100 over Trend Hlichelt Miami, FL 33166 . be) a -2005 (305) 470-6783 Ext, 2225 DATE TRG/sb Case #2004-003267 und: April 26, eel Blankenship CF Pe aston tf, Holiowa

Docket for Case No: 06-002242PL