PINELLAS COUNTY CONSTRUCTION LICENSING podebl E iD) YAN 20 Py 7 PINELLAS COUNTY CONSTRUCTION LICENSING BOARD, Dy Vi 3) Petitioner, . wars Thee f¢ INGS vs COMPLAINT NO. C00-658 O}-O2 830L DAVID E. MCMULLEN Respondent / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Pinellas County Construction Licensing Board, hereinafter referred to as "Petitioner," and files this Administrative Complaint against DAVID E. MCMULLEN, hereinafter referred to as "Respondent," and alleges: 1. Petitioner seeks to suspend, revoke or take other disciplinary action against the Respondent as licensee and against his license to practice contracting pursuant to Chapter 89-504, Laws of Florida, as amended. 2. Respondent is a certified flatwork masonry specialty contractor having been issued license C-8034. Respondent's last known address is 11306 Calgary Circle, Tampa, FL 33624. 3. At all times material Respondent was the qualifying contractor for Sun Pavers of Florida, Inc. COUNT ONE 4. On or about December 8, 2000, Respondent was found utilizing several unlicensed subcontractors at 3095 Kensington Trace. 5. Assisting any person in engaging in unlicensed contracting is a violation of section 24 (2)(e), Laws of Florida, as amended. Based on the foregoing, Respondent violated Section 24 (2)(d)(e)(j), Chapter 89-504, Laws of Florida, as amended. SIGNED this 10th day of January, 2001. William J. Qwets, Executive Director PINELLAS COUNTY CONSTRUCTION LICENSING BOARD Section 24. Revocation or Suspension of Certificate or Registrafign.— . us & (1)-6n ite own motion or the verified written complaint of any person, t! idtay ifvegiignto the action of any contractor certified or registered unde ini Dare eg hearings pursuant to law. When any complaint ingolves Riconiasge cenitied or registered under this part for acts or ony ih ah any area of the county that has a local board, t rShalF rosy. the complaint to the local board where the alleged violation-eccurredzfor its action. Where no local board exists, or when such loca? board waives it jurisdiction, the board shall take jurisdiction. The board may take appropriate disciplinary action if the contractor is found to be guilty of or has committed any one of the acts or omissions constituting cause for disciplinary action set out herein or adopted as rules or regulations by the board. (2) The following acts constitute cause for disciplinary action: (a) Obtaining a certificate or registration by fraud or misrepresentation; (b) Being convicted or found guilty, regardless of adjudication, of @ crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting; (c) Violation of Chapter 455, Florida Statutes; (d) Willfully or deliberately disregarding and violating the applicable building codes or laws of the state, this board, or of any municipality or county of this state; (e) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificated holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered; (f) Knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate or registration to be used by the uncertified or unregistered person with the intent to evade the provisions of this part. When a certificate holder or registrant allows his Certificate or registration to be used by one or more business organizations without having any active Participation in the operations, management, Or Control of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this part; (g) Acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificated holder OF registrant as set forth on the issued certificated or registration, of in accordance with the personne! of the certificated holder or registrant as Set forth in the application for the certificate or registration, or as later changed as provided tn this part; (h) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial misman- agement or misconduct occurs when: (1) Valid liens 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 30 days after the date of such liens. (2) The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. (3) The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. (i) Being disciplined by any municipality or county for an act or violation of this part, which discipline shall be reviewed by the board before the board takes any disciplinary action of its own. (i) Failing.any material respect to comply with the provisions of this part. (k) Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned after 90 days if the contractor terminates the project without Notification to the prospective owner and without just cause. (1) Signing a statement with respect to a project or contract falsely Indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor, and materials which results ina financial loss to the owner, purchaser, or contractor; or falsely indicating that workers’ compensation and public liability insurance are provided. (m) Being found guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice of contracting (n) Proceeding on any job without obtaining applicable local building department permits and inspections.

Docket for Case No: 01-000288PL