/ “yo Tbe 7 fic STATE OF FLORIDA ee DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUEATION '~ CONSTRUCTION INDUSTRY LICENSING BOARD**!'"~ DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2003-088649 vs. ROBERT NORMAN PALMER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT NORMAN PALMER, ("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 C057143. 3. Respondent's address of record is 3555 NW 74" Street, Miami, Florida 33147. 4. At all times material hereto, Respondent was licensed as the qualifying agent for R np EHP Er ore me N Palmer Roofing (hereinafter referred to as "Contractor"). 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 May 30, 2003 the Contractor entered into a written contract with John and Sheila Anderson (hereinafter referred to as the “Andersons”) to re-roof the Andersons’ house located at 1521 Miller Road, Coral Gables, Florida. 7. The contract price was Seventeen Thousand Nine Hundred Fifty dollars ($17,950.00). 8. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 9. From approximately May 2003 through August 29, 2003 the Andersons paid the Contractor a total of Fourteen Thousand Eight Hundred Sixty Five dollars ($14,865.00). 10. On or about May 30, 2003 the Contractor applied for a building permit from the City of Coral Gables, and on or about June 20, 2003 a building permit was issued to the Contractor for the project. 11. During the period from approximately June to September, 2003, the Contractor performed or attempted to perform, but did not complete, the work called for by the contract. On or about September 8, 2003 the Contractor demanded payment from the Andersons in the amount of Four Thousand Six Hundred Ninety Five dollars ($4,695.00), which amount included payment not yet due for hot mop work which had not yet been performed. The Andersons refused, and the Contractor failed or refused to perform further work, thereby abandoning the project. COUNTI 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 13. Section 489.1425, Florida Statutes, provides: 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. 14. _ Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes (2002), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count I. 16. Based upon the foregoing, the Respondent violated Section 489. 129(1)(), Florida Statutes (2002), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. 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 x day of Y RAL , 2004. d THEODORE R. GAY ASSISTANT GENERAL COUNSEL FILE Department of Business and Professional Regulation DEPUTY CLERK Theodore R. G vremerardort Michele Assistant. General Counsel DATE 10 ~| u -2004 Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 COUNSEL FOR DEPARTMENT: TRG/sb Case #2003-088649 pc Found: September 28, 2004 Div I: Watts & Blankenship

Docket for Case No: 05-001687PL