Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pate 3/29/2012 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. . Case No. 2011-054059 JAMES F, JOHNSTON, Respondent. ' / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT Or BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Respondent, James F. Johnston, and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Chapter 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. At all times. material to this complaint, Respondent has been a certified roofing contractor in the State of Florida, having been issued license number CGC 18321, which is in a “current, active” status. 3. Respondent’s address of record is 419 Nw 104* Ave., Coral Springs, FL 33071. G:\OGC\Bailey, Brittany\ACVohnston (q) AC 2011-054059.doc 1 Filed July 26, 2012 2:18 PM Division of Administrative Hearings 4. At all times material to this complaint, Respondent was the primary qualifying agent for and doing business as Signature Contracting Corp., (“Signature Contracting”). 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 4, 2010, a final judgment in the amount of $52,153.88, plus interest thereon, was obtained against Ralph Desisto and Signature Contracting, jointly and severally, in favor of James C. Mize, Jr., in Case Number 50 2009 CA 016516 XXXMB AA, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 7. The judgment was incurred in a civil proceeding related to Respondent’s profession as a certified contractor. 8. Respondent has failed to satisfy the aforementioned judgment. 9. Rule 61G4-17.001(1)(q), Florida Administrative Code, states in part that for the purposes of Section 489.129(1) (q), Florida Statutes, “reasonable time” means sixty (60) days following the entry of civil judgment that is not appealed. GAOGC\Bailey, Brittany\AC\Johnston (q) AC 2011-054059.doc 2 10. Based on the foregoing, Respondent violated Section © 489.129(1)(q), Florida Statutes (2009), by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession. 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 Chapter 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) GAOGC\Bailey, Brittany\ACVohnston (q) AC 2011-054059.doc 3 Signed this 12*” day of March, 2012. By: PCP Date: March 12, 2012 PCP Members: DBPR G:AOGC\Bailey, Brittany\AC\Vohnston (q) AC 2011-054059.doc KEN LAWSON, Secretary Department of Business and Professional Regulation Pooja §. Patel Pooja S. Patel Assistant General Counsel Fl. Bar No. 0056734 Department of Business and Professional Regulation Office of the General Counsel 940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 850) 488-0062 Telephone (850) 921-9186 Facsimile

Docket for Case No: 12-002538PL