i = STATE OF FLORIDA ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2007-001489 GARY MATTHEW NICKS, D/B/A GARY M NICKS ROOFING, INC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GARY MATTHEW NICKS, ("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 iu the Stale of Florida, having been issued license number CC C57600, 3, Respondent's last known address of record is 3545 Willis Road, Mulberry, Florida 33860. 4. At all times material hereto, Respondent was the primary qualifying agent for Gary M Nicks Roofing, Inc. (“GMNR"), which has been issued Certificate of Authority number QB 31890, 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 é@/E8 Jovd HYOOW Taos IN4s LHTSM B92eSer/ap BE+9T 4BBZ/BT/ST ee:9T 4002 67 Jay - operations of the business \_ nization: for all field work at all sites, and for financial matters, both for the organization in general and for each specific job. 6. On or about December 16, 2005, Respondent, doing business as GMNR, entered into a contract with Bryan Nieman ("Nieman") for roof repairs at Nieman’s residence located at 6531 Sedgewycle Circle West, Davie, Florida 33331. 7. The total contract price was $23,150.00, of which Nieman paid $15,423.32 to GMNR. 8. Respondent abandoned the project. 9, Respondent failed to ybtain a final inspection on the project. 10 At the time of abandonment, the percentage of work completed by Respoudeil was less than the percentage paid for the work. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 10 as though fully set forth herein. 12, Based on the foregoing, Respondent violated Section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the total coutract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the eacess funds within 30 days after the job is abandoned, COUNT I 13. Petitioner realleges and incorporates the allegations set forth in Payparaphs 1 through 10 as though fully set forth herein. 4Q/Pa SSK HYOOW Taos IN4s LHTSM B92eSer/ap BE+9T 4BBE/BT SST Ssi19T 400 6T Jar] 14. Based on i. foregoing, Respondent violated Seg..m 489.129(1)G), Florida Statutes, 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. COUNT HI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, hy failing to obtain a final inspection on the project. COUNT IV 17, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 18. Based on the foregoing, Respondem violated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order irnposing 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, impase 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, 4@/SA J5%d HYOOW Taos IN4s LHTSM B92eSer/ap BE+9T 4BBZ/BT/ST Ssi19T 400 6T Jar] Signed this aA day of , 2007. rm und: duly 24, 2007 Tdttitretont Th look & Lawaen Assistant General Coungel ~ COUNSEL FOR DEPARTMENT: F | L E D Oepartment of Business and Professional Regulation ‘Tiffany A. Harrington AGENCY CLERK Assistant General Counsel FBN 26202 Department of Business and CLERK Professional Regulation Set a. Woadany Office of the General Counsel DATE. * 2 o (+) 7 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case No: 2007-001489 46/98 od HYOOM TYO41Ns LHS Tar a9c¢eGeréuPr GE9T 4682 /6T OT ee:9T 4002 67 Jay

Docket for Case No: 07-005748