Deputy Agenoy Clerk STATE OF FLORIDA CLERK Evette Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI pate 9/9/9013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-048868 MARION EUGENE YORK, JR. Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against Marion York (“Respondent”) 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. At all times material hereto, Respondent was licensed asa Certified Pool Contractor in the State of Florida, having been issued license number. CPC 1457036. 3. Respondent's address of record is 8236 Sw 115 Run, Lake Butler, Florida 32054. 4, At all times material hereto, Respondent was the primary qualifying agent of Family Pool Spa & Billiards Centers (“Family Pool”). 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 June 15, 2011, Family Pool entered into a written contract with Lourdes Rodriguez (“Complainant”) for the construction of a pool at Complainant's residence. 7. Complainant’s residence is. located at 2954 NW 198% Street, Starke, Florida 32091. 8. The contract price was $11,172.00, of which Family Pool accepted $11,172.00. 9. Respondent and/or Family Pool incorrectly installed the pool at Complainant’s residence. 10. As a result of the incorrect installation the pool at Complainant’s residence collapsed. 11. Respondent and Family Pool have failed to receive a passing final inspection, from the local building department, for the pool at Complainant’s residence. 12. Respondent and Family Pool ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 13. At the time Respondent and Family Pool ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to Family Pool by Complainant. 14. Family Pool was not. entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. COUNT ONE 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 16. Based upon the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes (2010), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs’ one through fourteen as though fully set forth herein. 18. Based upon the foregoing, Respondent violated section 489.129(1) (g)2., Florida Statutes (2010), by abandoning a customer’s job when the percentage of completion was less than the percentage of the total contract price paid to the contractor. COUNT THREE 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 20. Based upon the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes (2010), by committing incompetency 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. (SINGATURE PAGE TO FOLLLOW) Signed this 27° day of August, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Thomas H. Campbell Thomas H. Campbell Assistant Genéral Counsel Florida Bar No. 71589 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 Respondent Marion Eugene York, Jr. DBPR Case Number 2012-048868 Probable Cause Found 08/27/2013 By: Cobb/Greenberg NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 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 this matter. Pursuant to 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 an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 15-001525PL