an FILED Oupurtnent of Busing and Putesilonal Regulation AGENCY CLERK CLERK Sarah Watchman Daw 2/19/2009 STATE OF FLORIDA i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION T[ + DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v, Case No. 2007-056126 WAYMON E. MEADOWS, D/B/A MEADOWS HOMES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Congtrustion Industry Licensing Board, against WAYMON E. MEADOWS , ("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. f 2. Respondent, at all’ times material hereto, was a Certified General Contractor in the State of Florida, having been issued license number CB C1250530. yl 3. Respondent's last known addresses of record are 6250 Haze@ltine National Drive, #114, Orlando, Florida 32822; and 404 Ridgewood Avenue, Dundee, Florida 33838. GAOGCVWifliany Harringwyn\_aToyia\AC\Waymon Meadows 2007-056 126(. 126(2)(g2)G)(ri)\aealpe 1 B@T/éa Jovd dad 98TbTcbese BA-ET Tae /Ae foe BT:eT ode of Unc A 4, At all times material hereto, Respondent was the primary qualifying agent for MEADOWS HOMES, (“MH”), which has been issued Certificate of Authority number QB 44723. Ll 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. a 6. On or about September 29, 2005, MH entered into a ‘ contract with Blanca Estela Guitron ("Complainant") to build a home located at 1890 SW Clambake Avenue, Port St. Lucie, Florida. \) 7. The total contract price was $225,000, of which MEH accepted a deposit of $39,000. fi 8. MH failed to commence work on the project. 9, MH abandoned the project prior to completion. 7 10. At the time of abandonment, the percentage of work completed by MH was less than the percentage paid for the work. ‘) 11. MH failed to apply for permits within 30 days after receiving more than 10 percent of the contract price for the project. GAOGC\Tiffany Hartington\LaToyia\AC\Waymon Meadows 2007-056 126(. 126(2)(22)G)(m)\ac.doce 2 @Tfea Sotd Ada 98T6Tcbase BG°ET Tae /ae/oa BT:eT ode of Unc COUNT ONE )) 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein, -! 13. Seetion 489.126(2), 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, and must start work within 90 Gays after the date all necessary permits for work, if any, are issued. 14. 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 TI, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489.126(2), Florida Statutes, COUNT TWO 15. Petitioner reallegas and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. ’ 16. Based on the foregoing, Respondent violated Section ) 489.129(1) (g) (2), Florida Statutes, by committing mismanagement GAQGC\Tiffany Harrington\LaToyia\AC\Waymon Meadows 2007-056126( 126(2)(g2)G)(m)\ac.doe : 3 BT/Pa SBvd dad 98TbTcbese BA-ET Tae /Ae foe BT:eT ode of Unc ox misconduct in the practice of contracting that causes financial harm to a oustomer. 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 ta retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. COUNT THREE 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 18. 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 FOUR 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set ferth herein, GAOGC\Tiffany Harrington\LaToyia\AC\Waymon Meadows 2007-0561 26(,126(2)(22)()(m)\ac.doc 4 QT/Se Sod add 98T6Té6e98 BE°ET @ lee /GF/98 BT:eT ode of Unc : 20. Based on thé 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 $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), 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, Signed this \@yth__ day of CPelirinerty 200g. Q.: 1 ny er Harringtd Assistant General Counsel Florida Bar No. 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found: January 27, 2009 Division I: Hussey/Sheehan GAQGC Tiffany Harrington\LaToyia\AC\Waymon Meadows 2007-056126(.126(2)(z2)(G)(m)\ac.doc $ BT/98 Sod dad 98TbTcbese BA-ET Tae /Ae foe Oe:eT ode of unc

Docket for Case No: 10-004437