Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: CHRISTOPHER JOHN JONES, D/B/A OJC CONSTRUCTION, INC.
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: Lakeland, Florida
Filed: Sep. 15, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 4, 2010.
Latest Update: Dec. 25, 2024
FILED
Cuparanent uf Supiness and Prefecekaial Regulation
Daputy Ageney Clerk
CLERK Evene | Progtar
Cote SM 5/2010
. File #
STATE OF FLORIDA -
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v- DBPR Case No. 2009-
015257
CHRISTOPHER JOHN JONES,
D/B/A OJC CONSTRUCTION INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner") files this Administrative Complaint,
before Division I of the Construction Industry Licensing Board,
against CHRISTOPHER JOHN JONES ("Respondent") d/b/a o7c
CONSTRUCTION INC., (*OJC”) and alleges:
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, a
Certified Building Contractor, in the State of Florida, having
been issued license number CBC 1252335, which is current and
active.
3. Respondent's addresses of record are PO Box 1878,
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Baton Park, Florida 33840 and 8340 Pinecone Dr., Lakeland,
Florida 32809.
4. At all times material, Respondent was the primary
qualifying agent for OJC, which has a null and void certificate
of authority, QB number 35949,
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. On or about January 30, 2008, Osbourne Cornwall
(“Complainant”) entered into a Construction Management Agreement
with Christopher John Jones (“Respondent”) for the construction
of a new residence to be located at 504 Archaic Dr., Winter
Haven, Florida 33880.
7. The total amount of the Construction Management
Agreement was $10,000.00.
a. The Construction Management Agreement failed to
contain a written statement explaining the homeowner's rights
under the Florida Homeowners’ Construction Recovery Fund as
required by Section 489.1425(1), Florida Statutes.
9. During the course of construction, Respondent
submitted a document entitled Sales Receipt to Complainant. The
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Sales Receipt is dated March 26, 2008,
a. The Sales Receipt stated that Quality Block and
Supply Company received two payments from Respondent
which totaled $1,010.25.
b. The Sales Receipt stated that Quality Precast
Company received six payments from Respondent which
totaled $3,567.64.
ec. The Sales Receipt stated other payments to different
subcontractors/materialmen in the amount of
$9,974.67.
d. The Sales Receipt stated that the total amount paid
by Respondent to all subcontractors/materialmen was
$14,552.56.
10. After vreceiving the Sales Receipt Document from
Respondent, Complainant submitted payment to Respondent in the
amount of $14,552.56.
11. As a result of Respondent’s failure to pay for labor
and/or materials, valid liens were filed on Complainant's
property by materialmen and/or subcontractors, including, but
not limited to:
a. Quality Block and Supply Company, in the amount of
$1,010.25.
b, Quality Precast Company, in the amount of $3,567.54,
12. To date, Respondent has failed to provide any amount
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of restitution to Complainant.
COUNT ONE
13. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein.
14. Section 489.1425(1), Florida Statutes, states that any
agreement or contract for repair, restoration, improvement or
construction to residential real property IWust contain a written
statement explaining the consumer's rights under the
Construction Industries Recovery Fund, except where the value of
all labor and materials does not exceed $2,500.00.
15. Based upon the facts set forth above, Respondent
violated Section 489,129(1) (i), Florida Statutes in the
following way:
a. By not having a written statement explaining the
Construction Industries Recovery Fund on the
Construction Management Agreement,
16. 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 this part or violating
a rule or lawful order of the board, by having violated Section
489,1425(1), Florida Statutes.
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COUNT TWO
17. Petitioner vrealleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein.
18. Section 489.129(1)(c), Florida Statutes, states that
discipline may be imposed by the board on some regulated by the
board if they are found to have violated any provision of 455.
19. Section 455,227(2) (a), Florida Statutes, states that
the following acts are grounds for discipline: making
misleading, deceptive, or fraudulent representations in or
related to the practice of the licensee's profession.
20. Based upon the facts set forth above, Respondent
violated Section 455,227(2) (a), Florida Statutes in the
following way:
a. By submitting the Sales Receipt to Complainant which
indicated to Complainant that certain
subcontractors/materialmen had been paid or were to
be paid. The Sales Recéipt’s indication that
subcontractors/materialmen had been paid or were to
be paid caused Complainant to submit full payment of
the Sales Receipt to Respondent. However, the
subcontractors/materialmen listed in the Sales
Receipt were not paid by Respondent which caused
valid liens to be filed against Complainant's
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property by the subcontractors/materialmen listed in
the Sales Receipt.
Zl. Based on the foregoing, Respondent violated section
489.129(1) (c), Florida Statutes, by violating any provision of
Chapter 455, Florida Statutes.
COUNT THREE
22. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein,
23. Section 489.129(1)(g)1, Florida Statutes, states that
financial mismanagement or misconduct occurs when the 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
services; 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.
24, Based upon the facts set forth above, Respondent
violated Section 489.129(1) (g)1, Flerida Statutes in the
following way:
a. By allowing valid liens to be placed on
Complainant's property and not removing the liens
within 75 days of the liens being placed against
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Complainant's property.
25. Based upon the foregoing, Respondent violated Section
489.129(1)(g)1, 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 allowed valid liens to have heen
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 services; 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.
26, Petitioner realleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein.
27, Rule 61G4-17.00l(m)2, Florida Administrative Code,
provides that misconduct or incompetency in the practice of
contracting, shall include but is not limited to violation of
any provision of Chapter 6164, F.A.C., oF Chapter 489, Part I.,
F.S.
28, Based on the foregoing, Respondent violated section
489.129(1) (m), Florida Statutes, by committing incompetency or
mismanagement in the practice of contracting as further defined
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under Ryle 61G4-17,001(m)2, F,A,C,
WHEREFORE, Petitioner reapeatfully requests the
Construction Industry Licensing Board enter an Order imposing
ene 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,
ssess 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 489, Florida
Statutes, and the rules promulgated thereunder.
Signed this 25% day of _ May, 2010,
CHARLIE LIEM, Interim Secretary
Department of Business and
Professional Regulation
By: Thomas Campbell
Thomas Campbell
Assistant General Counsel
Florida Bar Ne, 0071589
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
PCP Date: 05/25/2010
Members: Cathey/Cox
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NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
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 or 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 Fetitioner 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.
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Docket for Case No: 10-009065
Issue Date |
Proceedings |
Nov. 04, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Oct. 29, 2010 |
Petitioner's Motion to Cancel Hearing and Relinquish Jurisdiction filed.
|
Oct. 13, 2010 |
Notice of Transfer.
|
Sep. 24, 2010 |
Order of Pre-hearing Instructions.
|
Sep. 24, 2010 |
Notice of Hearing by Video Teleconference (hearing set for November 17, 2010; 9:30 a.m.; Lakeland and Tallahassee, FL).
|
Sep. 22, 2010 |
Petitioner's First Request for Admissions to Respondent filed.
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Sep. 22, 2010 |
Petitioner's Unilateral Response to Initial Order filed.
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Sep. 15, 2010 |
Initial Order.
|
Sep. 15, 2010 |
Election of Rights filed.
|
Sep. 15, 2010 |
Administrative Complaint filed.
|
Sep. 15, 2010 |
Agency referral filed.
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