Apr 26 2010 13:39 @4/26/2818 13:38 8589219186 DEPR PAGE 83/ag Deputy Agency Clerk Brandon Nichols 10/22/2009 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-008475 JESSE JAMES LYNN D/B/A CIRCLE L ROOFING, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against JESSE JAMES LYNN ("Respondent"), D/B/A CIRCLE L ROOFING, INC. (“Circle li”), 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, in the State of Florida, having been issued license number CCC 57305, which is currently current and active, 3. Respondent's addresses of yecord are 13206 Lost Key Place, Bradenton, Florida 34202, 7175 21° Streat East, Sarasota, Doctment in Utmamed t Apr 26 2010 13:40 @4/26/2818 13:38 8589219186 DEPR PAGE @4/ag Florida 34243 and $009 Town Center Parkway, Bradenton, Florida 34202, 4, At all times material hereto, Respondent was the primary qualifying agent for Circle L, which has a current certificate of authority, QB number 00457. 5. Section 489,1195(1) (a), Florida Statutes, provides that all primary qualifying agents. for a business organization aré 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. On or about March 21, 2008, Respondent and/or Circle L entered into a contract with Morton Ross (“Complainant”) for roofing repair to a residential structure located at 4256 Auston Way, Palm Harbor, Florida 34685. 7. The total contracted price was $1,800.00, which Circle L accepted in full. 8. The contract did not contain Respondent’s license number. 9, Work commenced on the project, but no permit was obtained. 10. The roof in question was never properly repaired and it continues to leak. Document in Unnamed . 2 Apr 26 2010 13:40 @4/26/2818 13:38 8589219186 DEPR PAGE @5/ag COUNT ONE 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 12. Based on the foregoing, Respondent violated Section 489.119(6) (b), Florida Statutes, by failing to include each registration or certification number of each contractor or certificate of authority number for each business organization in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule used by the contractor or business organization in the practice of contracting. 13. Based on the foregoing, the Respondent violated Section 4869.129(1) (i), Florida Statutes, by failing in any material respect to comply with the Provisions of Chapter 489, Part I, Florida Statutes, by violating Section 489.119(6) (b), Florida 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 on the foregoing, Respondent violated section 489.1291) (0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and Documont in Unnamed 3 Apr 26 2010 13:40 @4/26/2818 13:38 8589219186 DEPR PAGE 86/a9 inspections. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 1, Rule 61G4-17.001(m) 2, Florida Administrative Code, provides that misconduct or incompetency in the practice of contracting, shall imelude but is not limited to violation of any provision of Chapter 61G4, F.A.C., or Chapter 489, Part I., F.8, 18. Based on thea foregoing, Respondent violated section 489,129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G4-17.001(m)2, F.A.C. 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, assess costs associated with the investigation and Prosecution, impose any or all penalties delineated within Section 455.227(2), Plorida Statutes, and/or any other relief the Board Doeument it Unnamed 4 Apr 26 2010 13:40 @4/26/2818 13:38 8589219186 DEPR PAGE @7/ag is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this 29° day of September, 2009, CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Kyle Christopher Kyle Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monree Street, Ste. 42 Tallahassee, FL 32399=2202 (850) 488-0062 Telephone (€50) 921+9186 Facsimile PC Found 09/29/09 Members: Flaherty/Lenois KDC/pnx NOTICE OF RIGHTS Respondent has the right to Kequest a hearing to he Document i Unnamed Apr 26 2010 13:40 @4/26/2818 13:38 8589219186 DEPR PAGE @8/ag conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his oz her behalf if a hearing is requested. Rule. 28-106.111, Florida Administrative Code, provides in part that if. Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of the matter. Pursuant to the Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with attorney’s time, against the Respondent in addition to any other discipline imposed. Document in Unnamed 6

Docket for Case No: 10-002270