FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pate 3/9/2015 CONSTRUCTION INDUSTRY LICENSING BOARD File # DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-022996 JASON MCKENDRY, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Jason McKendry (“Respondent”), and alleges: ‘Les 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. van At all times material hereto, Respondent was licensed as a Certified Residential Contractor in the State of Florida, having been issued license number CRC 1330395. 3s Respondent's address of record is 831 Carnal Street, Fort Walton Beach, Florida 32547. 4. At all times material hereto, Respondent was’ the primary qualifying agent of Haggai Construction International, Inc; (“HCI”); Bis 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 November 14, 2013, HCI entered into a written contract with Roger Mills (“Complainant”) for renovations to Complainant’s residence located at 8861 White Ibis Way, Navarre, Florida 32566. The The contract price was $2,624.50, of .which HCI accepted $1,968.25. 8. Respondent’s registration or certification number does not appear on the contract. 9.. HCI ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 10. At the time HCI ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to HCI by Complainant. 11. HCI was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. 12. On or about June 19, 2014, Respondent was adjudicated guilty of nine counts of Larceny Theft, a third-degree felony directly relating to contracting or the ability to practice contracting, in Case Number 2014-CF-000306-F in the Circuit Court of the First Judicial Circuit, in and for Okaloosa County, Florida. 13. Respondent failed to report in writing to the Construction Industry Licensing Board the aforementioned crime, of which Respondent was convicted, within 30 days after the date of the conviction. COUNT ONE 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 13 as though fully set forth herein. 15.. Section 489.119(5) (b), Florida Statutes (2013), provides that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 16. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes (2013), by failing to comply with the provisions of chapter 489, part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119, Florida Statutes. COUNT TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 13 as though fully set forth herein. 18. Based upon the foregoing, Respondent violated section 489.129(1) (3), Florida Statutes (2013), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT THREE 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through 13 as though fully set forth herein. 20. Based upon the foregoing, Respondent violated section 489.129(1) (g)2., Florida Statutes (201.3) , 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 FOUR 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 13 as though fully set forth herein. 22. Based upon the foregoing, Respondent violated section 489.129(1) (b), Florida Statutes (2014), by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. COUNT FIVE 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 13 as though fully set forth herein. 24. Section 455..227(1) (€) > Florida Statutes (2014), prohibits a licensee from failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. 25. Based upon the foregoing, Respondent violated section 489.129(1)(c), Florida Statutes (2014), by violating a provision of chapter 455, Florida Statutes (2014), by having violated section 455.227(1)(t), Florida Statutes (2014). 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 24° day of February, 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Amanda B. McKibben Amanda B. McKibben Assistant General Counsel Florida Bar No. 104788 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 Probable Cause Found 02/24/2015 By: Evetts/Burke 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 further 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. 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. 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. 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: 16-005512PL