STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 98-11785 Of -1OA0L MICHAEL WAYNE HUDLOW, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL WAYNE HUDLOW, ("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 Roofing Contractor, in the State of Florida, having been issued license number CC C056865. Respondent’s license as a Registered Roofing Contractor (RC 0064885) is Null and Void. 3. Respondent's last known address is 8120 South Lagoon Drive, Panama City, Florida 32408. 4. At all times material hereto, Respondent was licensed as a primary qualifying agent for Space Age Roof Tech ("Space Age"). 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 2, 1996, the Respondent, doing business as Space Age, entered into a contractual agreement with Stephen Ellis to re-roof Ellis’ home located at 171 Dolphin Cove, Freeport, Florida. 7. The total contract price was $11,450.00, which Space Age was paid in full. 8. The contract provided for a ten (10) year warranty on the work, included in the total contract price, for a cost of $230.00. 9. Space Age performed work on the project from approximately March 15, 1996 through March 25, 1996. 10. Subsequent to the completion of the project, the roof began to leak, more specifically, part of the ceiling had fallen in, and the roof leaked into the two second floor bathrooms, two bedrooms, the master bedroom closet, and other places on the second and third floors. 11. The Respondent failed to provide a watertight roofing system and failed to make effectual repairs to the leaking roof. 12. The Respondent failed to obtain required building code department permits and inspections for the project. 13. The contract did not include a notice to the consumer regarding the Construction Industries Recovery Fund, as required by Section 489.1425, Florida Statutes. COUNT I 14. _ Petitioner realleges and incorporates the allegations set forth in Paragraphs one through twelve as though fully set forth herein. 15. Based on the forgoing, the Respondent has violated Section 489.129(1)(n), Florida Statutes, committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property, more specifically by failing to provide a watertight roof, by failing to fix the leak, and by thereby causing damage to Ellis' property. . COUNT II 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through twelve as though fully set forth herein. 17. Based on the forgoing, the Respondent has violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT III 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through thirteen as though fully set forth herein. 19. Section 489.125, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 20. Based on the forgoing, the Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs one ’ through thirteen as though fully set forth herein. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT V 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through six as though fully set forth herein. 24. Section 489.119(2), Florida Statutes requires that if an applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if any. 25. Respondent failed to apply for a certificate of authority for Space Age Roof Tech. 26. Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by failing in a material respect to comply with the provisions of Part I of Chapter 489, 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. Signed this _ ] as day of 2000. Lead Construction Attorney COUNSEL FOR DEPARTMENT: F | | E D ue Cathleen E. O'Dowd Department of Business and Professional Reg! DEPUTY CLERK Lead Attorney . Department of Business and { 2 dL, WN Michele Professional Regulation CLERK Office of the General Counsel TE - J T- A000 1940 N. Monroe Street, Ste. 60 DA Tallahassee, FL 32399-2202 CEO/km Case # 98-11785 we Pee ‘ 07}2e/00 5 Bhown + Witlo

Docket for Case No: 01-001090PL