STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND 01-0338 PL PROFESSIONAL REGULATION, Petitioner, vs. . Case No. 99-06304 MICHAEL DON JOHNSON, : Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL DON JOHNSON, ("Respondent"), and says: 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 hereto, a Certified General Contractor, in the State of Florida, having been issued license number CG C045124. 3. Respondent's last known address is 9101 Kilgore Road, Orlando, Florida 32819. 4, At all times material hereto, Respondent was licensed to practice contracting in his individual name. 5. On or about October 18, 1997, Richard E. Geistel (hereinafter "Geistel") entered into a written agreement with John and Marsha Brown (hereinafter "the Browns") to construct a house at 3050 Cross Branch Road, Deland, Florida for $124,400.00. 6. Geistel is not registered in the State of Florida to practice contracting. 7. Respondent applied to the Volusia County Building Department for a building permit for the Brown project. 8. At no time did Respondent enter into a contract with the Browns. COUNT I 9. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. | 10. Respondent knew, or had reason to know, Geistel was not duly registered, certified nor licensed by the State of Florida to performing contracting when he applied for the permit for the Browns' project. 11. Based on the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate-holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. 13. Section 489.127(4)(c), Florida Statutes (1997), states that a certified or registered contractor may not apply for or obtain a building permit for construction work unless the certified or registered contractor has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. | 14. _ Respondent had not entered into a contract with the Browns when he applied for a permit to perform work on the Browns' property. 15. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes ( 997), 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 489.127(4)(c), Florida Statutes (1997). COUNT Ii 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one. through eight as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489. 129(1)(n), Florida Statutes (1997), 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 $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. a) Signed this ke day of (Legesat , 2000. . LL TERIM LEAD CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: Theodore R. Gay Senior Attorney -_ F | [ E D , Department of Business and _ Department of Business and Professional Reguiation Professional Regulation DEPUTY CLERK Office of the General Counsel , 1940 N, Monroe Street, Ste. 60 cLER Lrardont Michele Tallahassee, FL 32399-2202 5- 2000 DATE _$-|5- A000 Erica D. Glover Senior Attorney Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 EDG/bjb Case #99-0630. &

Docket for Case No: 01-000384PL