STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . ; ar (- Petitioner, a) lo . 234 4 P Case No. 2004-032847 VS. JOHN B. MORTON I, 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 II, ("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 CO11043. 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). 5. 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. In 1995, the Contractor contracted to re-roof, and did re-roof, one or more buildings owned by The Entrada Condominium, Inc. (hereinafter referred to as the “Customer”) and located at or near 195 Jacaranda Country Club Drive, Plantation, Florida, for Eighty Three Thousand dollars ($83,000.00). In lieu of giving the Customer a long term warranty, the Contractor entered into a series of preventive maintenance agreements with the Customer, and in conjunction therewith, gave the Customer warranties of a shorter duration. 8. On or about August 30, 1999, the Contractor entered into a written preventive maintenance agreement with the Customer and gave the Customer a two-year warranty against leaks, for Three Thousand Five Hundred dollars ($3,500.00). 9, On or about August 10, 2001, the Contractor entered into a written preventive maintenance agreement with the Customer and gave the Customer a three-year warranty against leaks, for Three Thousand Seven Hundred Fifty dollars ($3,750.00). 10. In 2003 the Customer notified the Contractor that the roof of the Customer’s clubhouse building was leaking. The Contractor performed repairs, but the repairs were ) y ineffectual, and the roof continued to leak. In approximately June 2003, the Customer had the roof replaced by another company. 11. Beginning in December 2003, the Customer notified the Contractor that roof crack repairs and other preventive maintenance work called for by the August 10, 2001 preventive maintenance agreement was needed, The Contractor refused to perform work unless the Customer agreed to enter into a new preventive maintenance agreement at additional cost, even though the August 10, 2001 agreement was still in effect. COUNT I 12. The Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count L 13. Section 489.119(2), Florida Statutes, provides: ifthe 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. 14. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2000), 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 OD 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 16. Rule 61G4-17.001(1)(m)1., Florida Administrative Code, states: Misconduct or ) J incompetency in the practice of contracting as set forth in Section 489.129(1)(n) [now 489.129(1)(m)], Florida Statutes, shall include, but is not limited to failure to honor a warranty. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2000), by committing incompetency or misconduct in the practice of contracting. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count TI. 19. _ Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2000), 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. 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 2-0" day of Aor , 2005. THEODORE R. GAY y, ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and \ Professional Regulation t rd 8685 NW 53” Terrace, #100 popu of BEY a ERK Miami, FL 33166 Dp (305) 470-6783 Ext. 2225 {MV TRG/sb Case #2004-032847 DATE PC Found: April 26, 2005 , Division {!; Holloway & Blankenship

Docket for Case No: 06-002244PL