Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: DAVID MORROW, D/B/A TRIPLE STORM PROTECTION, INC.
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Jan. 30, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 24, 2008.
Latest Update: Nov. 15, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION 1
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Case Nos. 2006-060823, 2006-062275,
Vv. 2007-003827, 2007-003836
DAVID MORROW,
D/B/A TRIPLE STORM PROTECTION, INC.,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint -before the Construction
Industry Licensing Board, against DAVID MORROW, ("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, 4 CerliGed General
Contractor in the State of Florida, having beon issued license number CG CA13197, which is
current and active.
3. Respondent's last known address of record is 3814 §.W. 7th Place, Cape Coral,
Florida 33914, |
4, At all times material hereto, Respondent was the qualifying agent for Tnple
Storm Protection, Inc., ("TSP"), which holds certificate of authority, QB 24871, which is current.
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FACTS PERTAINING TO CASE NO, 2006-060823
5. On or about July 1, 2006, TSP entered into a contract with Aleyda Molina
("Molina") to install hurricane shutters at her residence located at 914 Diplomat Parkway, Cape
Coral, Florida 33993.
6. The total contract price was $23,000.00, of which $11,500.00 was paid by Molina
to TSP as a deposit. . .
7, The contract with TSP failed to include information regarding the Florida
Homeowners! Construction Recovery Fund.
8. TSP failed to apply for the required permits to perform the construction on
Molina's project.
9, TSP failed to commence work on Molina's construction project.
10, At the time of abandonment, the percentage of work completed was Jess than the
percentage of contract price paid.
COUNT I
11. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 10 as though fully set forth herein.
12. Section 489.1425(1), Florida Statutes, states that any agreement or contract for
repair, restoration, improvement or construction to residential real property must contain a
written statement explaining the consumer's rights under the Florida Homeowners' Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.
13. Based on the foregoing, Respondent violated section 489.129(1)(), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part
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I, Florida Statutes, or violating a rule of lawful order of the board, by having violated section
489.1425(1), Florida Statutes.
COUNT II
14. Petitioner realleges and incorporates the allegations set forth in paragraphs |
through 10 as though fully set forth herein.
15. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, 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.
16. Based on the foregoing, Respondent violated section 489.129(1)(1), Florida
Statutes, by failing in any material respect to comply with (he provisions of Chapter 489, Part I,
Florida Statutes, or violating a rule or lawful order of the board, by having violated section.
489.126(2)(a), Florida Statutes.
COUNT UI
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, 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 contract price paid to the contractor as of the time of abandonment, unless
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the contractor is entitled to retain such funds under the terms of the contract or refunds the cxccss
funds within 30 days after the job is abandoned.
COTINT TV.
19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 10 as though fully set forth herein.
20. 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 V
21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 10 as though fully set forth herein.
22. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida
Statutes, by committing incompetence or misconduct in the practice of contracting.
FACTS PERTAINING TO CASE NO. 2006-062275
23. On or about Jie 6, 2006, TSP entered into a contract with James Pittman
("Pittman") to install storm windows at his residence located at 200 Valley Street Drive,
Apartment #2, Naples, Florida 34113. |
24. The total contract price was $2,750.00, of which $1,375.00 was paid by Pittman
to TSP as a deposit.
25, The contract with TSP failed to include information regarding the Florida
Homeowners’ Construction Recovery Fund.
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26, TSP failed to apply for the required permits to perform the construction on
Pittman's project.
27, TSP failed to commence work on Pittman's construction project.
28. At the time of abandonment, the percentage of work completed was less than the
percentage of contract price paid.
COUNT VI
29. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 23 through 28 as though fully set forth herein.
30. Section 489.1425(1), Florida Statutes, states that any agreement or contract for
repair, restoration, improvement or construction to residential real property must contain a
written statement explaining the consumer's rights under the Florida Homeowners’ Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.
31. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part
1, Florida Statutes, or violating a re or lawful order of the board, by having violated section
489.1425(1), Florida Statutes. .
COUNT VII
32. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 23 through 28 as though fully set forth-herein.
33. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, as
an initial payment, money totaling more than 10 percent of the contract price for repair,
restoration, improvement or construction to residential real properly must apply for permits
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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.
34, Based on the foregoing, Respondent violated section 489.129(1)(), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I,
Florida Statutes, or violating a rule or lawful order of the board, by having violated section
489.126(2)(a), Florida Statutes.
COUNT VOI
35. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 23 through 28 as though fully set forth herein.
36. 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 misinanagement 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 IX
37. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 23 through 28 as though fully set forth herein.
38. Based on the foregoing, Respondent violated section 489.129(1)@), Florida
Statutes, by abandoning a construction project im which the contractor is engaged or under
contract as a contractor. A project may be presumed abandoned after 90 days if the contractor
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tenmuinates the project withoul just cause or without proper notification tv the owner, including
the reason for termination, or fails to perform work without just cause for 90 consecutive days.
COUNT X
39. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 23 through 28 as though fully set forth herein.
40, Based on the foregoing, Respondent violated section 489.129(1)(m), Florida
Statutes, by committing incompetence or misconduct in the practice of contracting.
FACTS PERTAINING TO CASE NO. 2007-003827
41. On or about May 5, 2006, TSP entered into a contract with Barbara Daniels
("Daniels") to install hurricane shutters at her residence located at 726 Fargo Drive, Fort Myers,
Florida 33913.
42. The total contract price was $12,446.00, of which $6,223.00 was paid by Daniels
to TSP as a deposit.
43. The contract with TSP failed to include information regarding the Florida
Homeowners’ Construction Recovery Fund,
44, TSP failed to apply for the required permits to perform the construction on
Daniels’ project.
45. TSP failed to commence work on Daniels’ construction project.
46. At the time of abandonment, the percentage of work completed was less than the
percentage of contract price paid.
COUNT XI
47. Petitioner realleges and incorporates the allegations set forth in paragraphs |
through 4 and 41 through 46 as though fully set forth herein.
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43. Section 489.1425(1), Florida Statutes, states that any agreement or contract for
repair, restoration, improvement or construction to residential real property must contain a
written statement explaining the consumer's rights under the Florida Homeowners’ Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.
49. Based on the foregoing, Respondent violated section 489.129(1)@), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part
1, Florida Statutes, or violating a rule or lawful order of.the board, by having violated section
489.1425(1), Florida Statutes.
COUNT x11
50. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 41 through 46 as though fully set forth herein.
Sl. Section 489,.126(2)(a), Florida Statutes, states that a contractor who receives, as
an initial payment, mouey 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.
52. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I,
Florida Statutes, or violating a rule or lawful order of the board, by having violated section
489,126(2)(a), Florida Statutes.
COUNT XI
53. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 41 through 46 as dough fully set forth herein.
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54. Based on the foregoing, Respondent violated section 489.129(1)(g)2, Florida
Statutes, by committing mismanagement or miseanduct 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 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 XIV
55. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 4] through 46 as though fully set forth herein.
56. Based on the foregoing, Respondent violated section 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 XV
57. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 41 through 46 as though fully set forth herein.
58. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida
Statutes, by committing incompetence or misconduct in the practice of contracting.
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FACTS PERTAINING TO CASE NO. 2007-003836
59. On or about April 21, 2006, TSP entered into a contract with Anthony Deflumeri
("Deflumeri") to install hurricane shutters at his residence located at 3520 Island Walk Circle,
Naples, Florida 34119.
60. The total contract price was $6,000.00, of which $3,000.00 was paid by
Deflumeri to TSP as a deposit.
61. The contract with TSP failed to include information regarding the Florida
Homeowners' Construction Recovery Fund.
42. TSP failed to apply for the required permits to perform the construction on
Deflumeri's project.
63. ‘TSP failed to commence work on Deflumeri's construction project.
64. At the time of abandonment, the percentage of work completed was less than the
percentage of contract price paid.
COUNT XVI
65. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 59 through 64 as though fully set forth herein.
66. Section 489.1425(1), Florida Statutes, states that any agreement or contract for
repair, restoration, improvement or construction to residential real property must contain a
written statement explaining the consumer's rights under the Florida Homeowners' Construction
Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.
67. Based on the foregoing, Respondent violated section 489.129(1)(2), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part
10
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I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section
489, 1425(1), Florida Statutes.
COUNT XVII
68. =‘ Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 59 through 64 as though fully set forth herein.
69. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, 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.
70. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I,
Florida Statutes, or violating a rule or lawful order of the board, by having violated section
489,126(2)(a), Florida Statutes.
COUNT XVI
71. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 59 through 64 as though fully set forth herein.
72. 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 contract pricc paid to the contractor as of the time of abandonment, unless
1]
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the contractor is cntitled to retain such funds under the terms of the contract or refunds the excess
finds within 30 days after the job is abandoned.
COUNT XIX
73. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 59 through 64 as though fully set forth herein.
74. 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 XX
75. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 4 and 59 through 64 as though fully set forth herein.
76. Based on the foregoing, Respondent 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 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.
12
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Signed this £2 day of Alege 2007.
PC Found: May 22, 2007 if,
Div. i: Clark & Cox ie.
sha B. Moye
Assistant General Counsel
COUNSEL FOR DEPARTMENT: .
Joshua B. Moye F i i E D ,
Assistant Gencral Counsel Depertment of Business and Professional Regulation
Department of Business and AGENCY CLERK
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-2202 cueK Soa edn Zo Nerden nen
JBM/dk DATE, a
Case Nos: 2006-060823, 2006-062275, 2007-003827, 2007-003836
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Docket for Case No: 08-000580
Issue Date |
Proceedings |
Mar. 24, 2008 |
Order Closing Files. CASE CLOSED.
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Mar. 19, 2008 |
Motion to Relinquish Jurisdiction Without Prejudice filed.
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Feb. 15, 2008 |
Petitioner`s First Request for Production to Respondent filed.
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Feb. 15, 2008 |
Petitioner`s First Request for Admissions to Respondent filed.
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Feb. 15, 2008 |
Notice of Service of Interrogatories filed.
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Feb. 12, 2008 |
Order of Pre-hearing Instructions.
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Feb. 12, 2008 |
Notice of Hearing (hearing set for April 9 and 10, 2008; 9:00 a.m.; Fort Myers, FL).
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Feb. 11, 2008 |
CASE STATUS: Pre-Hearing Conference Held. |
Feb. 08, 2008 |
Order of Consolidation (DOAH Case Nos. 08-0579 and 08-0580).
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Feb. 07, 2008 |
Joint Response to Initial Order filed.
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Jan. 31, 2008 |
Initial Order.
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Jan. 30, 2008 |
Election of Rights filed.
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Jan. 30, 2008 |
Administrative Complaint filed.
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Jan. 30, 2008 |
Request for Administrative Hearing filed.
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Jan. 30, 2008 |
Referral Letter filed.
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