Jan 30 2008 14:17 WRIGHT FULFORD MOORH PAGE 4/27 @1/38/2088 1ld:14 4874258268 -~, . : “sy STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA’ TION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2007-003929, 2007-002845, 2006-063350 v. DAVID MORROW, D/B/A TRIPLE STORM PROTECTION, INC., Respondent, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID MORROW d/b/a TRIPLE STORM PROTECTION, INC. ("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 General Contractor in the State of Florida, having been issued license number CG ©113197, which is current. 3, Respondent's address of record is 3814 S.W. 7 Street, Cape Coral, Florida, ) 33914, Attch. |, fe- 9 Jan 30 2008 14:17 B1/38/2088 1d:14 © 4a7a25a260 WRIGHT FULFORD MOORH PAGE ; ~ 5 4, At all times material hereto, Respondent was the qualifying agent for Triple Storm Protection, Inc. (“Triple Storm”), which has certificate of authority QB 45135, which is current. , 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 hnsiness organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. . FACTS PERTAINING TO CASE NO, 2007-003929 6. On or around June 28, 2006, Respondent, doing business as Triple Storm, entered into a contract with Rita Queen (“Queen”) for the installation of storm shutters for a contract price of $3,300.00, 7. Queen paid Respondent the full contract price, &. Queen states that no permits were obtained for the project 9, Triple Stomn workers began shutter installation on or around October 17, 2006, but left the same day and did not return to finish the work. 10. Respondent abandoned the project. Il, The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent, COUNT I 12. _ Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 1 1 as though fully set forth herein, 13. 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 5/27 F Jan 30 2008 14:18 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 86/27 as, =, ~ 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 contract 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 excess funds within 30 days after the job is abandoned. COUNT II 14. Petitioner realleges and incorporates the allegations sct forth in paragraphs | through 11 as though fully set forth herein. 15. Based on the foregoing, Respondent violated section 489.129(1)(j), 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 TI 16, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 17, Based upon the foregoing, the Respondent violated Section 489, 129(1}(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IV 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 1] as though fully set forth herein. anal, P& | Jan 30 2008 14:18 @1/38/2088 1ld:14 4874258268 WRIGHT FULFORD MOORH PAGE 87/27 oom, , \ 19, Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting, FACTS PERTAINING TO CASE NO. 2007-002845 20, On or around June 2, 2006, Respondent, doing business as Triple Storm, entered into a contract with Robert Biasotti (“Biasotti”) for the installation of shutters and windows for the contract price af $25,623.00. | 21. —_ Biasotti paid Respondent $12,811.50 as a down payment, or 50% of the total contract price. 22. Triple Storm workers installed most of the shutters but none of the windows in or around October of 2006. 23. Respondent abandoned the project. 24, ; The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent. COUNTY 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 20 through 24 as though fully set forth herein. 26. 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 of misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is leas that than the percentage of the total contract 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 excess funds within 30 days after the job is abandoned. Auch lt PE [0 Jan 30 2008 14:18 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 88/27 Bl / 38/2888 - —, ay COUNT VI 27, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 20 through 24 as though fully set forth herein. 28, Based on the foregoing, Respondent violated section 489.129(1)(j), 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 Vit 29, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 20 through 24 as though fully set forth herein. 30. Based on the foregoing, Respondent violated section 489.129( 1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. FAC JS PERTAINING TO CASE NO. 2006-063350 31. , On or around June 14, 2006, Respondent, doing business as Triple Storm, entered into a contract with Gabriela Sauerland.(“Sauerland”) for the installation of hurricane shutters for a contract price of $5,973.00. 32. Sauerland paid Respondent $2,986.50 as a down payment, or 50% of the total contract price. 33. Half of the deposit amount, $1,439.50, was later repaid to Sauerland by Joseph Canals of Triple Storm, 34. No work has been done on the project. 35. Respondent abandoned the project. AHeh.l, He || Jan 30 2008 14:18 @1/36/2888 1d:1d 4874258268 WRIGHT FULFORD MOORH PAGE 89/27 a, : +, . \ 36. The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent, 37, Respondent received more than 10 percent of the contract price but failed to apply for the necessary permits for the project within 30 days. COUNT VI 38. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 31 through 37 as though fully set forth herein. 39, Section 489.126(2), Florida Statutes, states that a contractor wha teceives, as an initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued, . 40, Based on the foregoing, Respondent violated scction 489.129(1)(2), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part T, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489,126(2), Florida Statutes. COUNT IX 41, Petitioner realleges and incorporates the allegations set forth in paragraphs | through 5 and 31 through 37 as though fully set forth herein, 42. 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. pHchl., 96 19 Jan 30 2008 14:19 @l/ae/2888 1d:1d 4874258268 WRIGHT FULFORD MOORH ; \ PAGE 1@/27 contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract 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 excess funds within 30 days after the job is abandoned. COUNT X 43. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 31 through 37 as though fully set forth herein. 44. Based on the foregoing, Respondent violated section 489. 129(1}(j), 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 XI 45. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 31 through 37 as though fully set forth herein. 46. ) Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within section 455 .227(2), ahh), pe 12 Jan 30 2008 14:19 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 11/27 aan ae, \ 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. iA . Signed this | ot day of , 2007. f B Dip Moye Assistant General Counsel COUNSEL FOR DEPARTMENT: : E D Joshua B. Moye Department of Business and Professionat Regulation Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel . 1940 N. Monroe Street, Ste. 42 CURK Sophy 2. (owl om Tallahassee, FL 32399-2202 care 12/27 Z007 JBM/sn Case Nos.: 2007-003929, 2007-002845, 2006-063350 . PC Found: July 3, 2007 Div. i: Clark & Burke

Docket for Case No: 08-000579