May 19 2009 15:02 PAGE 3/17 @5/19/2889 14:57 8589219186 DEPR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2008-006171 JOHN C. KEYWORTH, D/B/A KEYWORTH ROOFING, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against JOHN KEYWORTH, D/B/A KEYWORTH ROOFING, INC. ("Respondent") and says: . 1. Pétitioner 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. a. Respondent was at all times material hereto, a Certified Roofing Contractor, in the State of Florida, having been issued license number cC C058047, which is currently delinquent and inactive. 3. Respondent's address of record is P.O. Box 51944, Sarasota, Florida 34232. Keyworth2008-006171(g)!,(k),(m).doc 1 May 19 2009 15:02 ad4/17 @5/19/2889 14:57 8589219186 DEPR PAGE 4. At all times material hereto, Respondent was the primary qualifying agent for Keyworth Roofing, Inc. (“Keyworth Roofing”) ,. QB. BA7d4, which :is current: and active, 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. °oOn or about January 24, 2007, Arnold Orlick (“Complainant”), entered into a contract with Keyworth Roofing for the construction of a new roof on a residential structure located at 9109 25 street Hast, Parrish, Florida 34219, 7. The contracted price for the project, including change orders, was $31,842.99, which Keyworth Roofing accepted in full. 8. At the time construction ceased, Respondent had failed to pay materialmen and/or subcontractors who had provided labor and/or materials for the contracted construction, ineluding but not limited to the following: $17,500.00 to Gulfside Supply, Inc. d/b/a Guifeagle - Supply. Respondent failed te remove the liens from the property, by payment or bond, within 75 days after the date of such liens. 9. On or about June 30, 2007, Keyworth Roofing executed a final waiver of lien falsely indicating that payment had been Keyworth2008-006171(g)1,(),(m).doc 2 May 19 2009 15:02 PAGE 5/17 @6/19/2889 14:57 8589219186 DEPR ~ ed Made for all Subcontracted work, labor and materials, which resulted in a financial loss to Orlick. 10. To date, Respondent has failed to Pprovide~.any- amount: ‘of restitution to Orlick. COUNT ONE ll. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein, 12. Seetion 489.116(4), Florida Statutes, states, in -part, that a certificateholder or registrant shall apply with a completed application, as determined by board rule, to renew an active or inactive status certificate or registration before the certificate or registration expires, 13. Based on the foregoing, Respondent violated section 489.129(1) (4), 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 489.116(4), Plorida Statutes, COUNT TWO . 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 15, Based upon the foregoing, Respondent violated Section 489.129(1)(g)1., Florida Statutes, by ‘committing mismanagement Keyworth2008-006171(g)1 1h) (n) doe 3 May 19 2009 15:02 PAGE @6/17 @5/19/2889 14:57 8589219186 DEPR or misconduct in the Practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct .occurs whens, he --contractor: has allowed valid-liens to have been recorded against the Property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or sexvices; and the contractor has not had the liens removed from the property, by payment or by. bond within’ 75 days after. the date of such liens. COUNT THREE 16, Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 17. Based on the foregoing, Respondent violated section 489.129(1) (k),' Florida Statutes, by signing a statement with Tespect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a.financial loss to the owner, purchaser, or contractor; or falsely indicating that workers’ compensation and public liability insurance are provided. COUNT FOUR 18. Petitioner realleges and incorporates the allegations set forth. in Paragraphs one through ten as though fully set Keyworth2008-006171(g)1,(),(m).dec ; 4 May 19 2009 15:03 PAGE 7/17 @5/19/2889 14:57 8589219186 DEPR forth herein. 19. Based on the foregoing, Respondent violated section ~489.129(1) (m)y.Florida Statutes, by .committing ~ingompetence, 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, a$Se85 costs associated with. the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and'483, Florida Statutes, and the rules promulgated thereunder. Signed this. 2-7 aay of Dek , 2008. ~e F | L f D Kyle David Christopher Department of Business and Professional Regaiatlon ys ot ae General Counsel DEPUTY CLERK Florida Bar No. 40853 . Department of Business and caer Leander Michele Professional Regulation 12- | £008 Office of the General Counsel DATE 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2209 (850) 488-0062 Telephone (850) 921-9186 Facsimile Keyworth2008-00617 1(g)1,(1),(m).d . DIAG doe PC Found: December 2, 2008 5 Div. I: Holloway & Moody

Docket for Case No: 09-002759