Jan 30 2008 14:20 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 14/27 —, ~ 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. _/ 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. Jan 30 2008 14:20 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE ao, ~ % 4 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 15/27 Jan 30 2008 14:20 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 16/27 ™ “ 1 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 Jan 30 2008 14:21 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 17/27 ~~. hy | 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. Jan 30 2008 14:21 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 18/27 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 Jan 30 2008 14:21 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 19/27 =. ‘ 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 Jan 30 2008 14:21 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 28/27 ‘ 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. Jan 30 2008 14:21 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 21/27 \ 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. Jan 30 2008 14:22 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 22/27 ™ ‘ 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. Jan 30 2008 14:22 @l/ae/288e 14:14 4074258268 WRIGHT FULFORD MOORH PAGE 23/27 ms, 7, \ 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 Jan 30 2008 14:22 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 24/27 ~ , 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] Jan 30 2008 14:22 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 25/27 ‘ 1 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 Jan 30 2008 14:23 @l/ae/288e 14:14 4874258268 WRIGHT FULFORD MOORH PAGE 26/27 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 13

Docket for Case No: 08-000580