Oct 18 2005 16:00 la/le/28e5 16:59 8589219186 DEPR PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2005-005282 ROBERT JOHN EASTER d/b/a AMERICAN ROOFING Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT JOHN EASTER d/b/a AMERICAN ROOFING, ("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'C1325616. 3. Respondent's last known address of record is P.O. Box 477, High Springs, Florida 32655. 4, At all times material hereto, Respondent's license reflected that he was doing business as American Roofing, which entity was issued license number QB22899. 5. On or about September 4, 2003, Respondent entered into a written contract with la/le/28e5 16:59 8589219186 Oct 18 2005 16:00 DEPR PAGE @4/@6 Henry L. Lattimore (“Lattimore”), to replace the roof on his residence located at 1130 NE. 24 Tetrace, Gainesville, Florida 32641. 6. The contract contained a five (5) year warranty for labor and workmanship. 7. The total contract price was two thousand five hundred dollars ($2,500.00) and this amount was paid in full by Lattimore on or about September 16, 2003. 8. On or about September 15, 2003, Respondent obtained building penmit number 20035312 from the City of Gainesville Building Inspection Department for the roofing work to be performed pursuant to the contract with Lattimore. 9. On or about September 15, 2003, Respondent commenced Tooling construction on Lattimore's residence. 10. Respondent completed the roofing construction on or about September 16, 2003. 11. On or about October 7, 2003, Lattimore’s roof began leaking, causing damage to the interior ceiling and walls of the residence. 12. Lattimore attempted to contact Respondent by phone eight (8) times to seek repairs under the warranty, and on or about October 15, 2003, Lattimore spoke with Respondent about repairs to the roof, 13. An individual from Respondent's office contacted Lattimore stating that someone would be at the residence on October 25, 2003, concerning the leaking problem. 14. No one from Respondent's business appeared at Lattimore's residence on October 25, 2003 to fix the roof leak, nor has Respondent made any other attempts to honor the five (5) year watranty. 15. Respondent failed to request a final inspection. Oct 18 2005 16:00 la/le/28e5 16:59 8589219186 DEPR PAGE 85/86 COUNT I 16. “Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 above as though fully set forth therein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections, COUNT II 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 15 as though fully set forth herein. 19. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, 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. oN Signed this AS day of ny NO . 2005. tas H_Botpened Vase : Lisa A, Balfour a wees Assistant General Counsel _ aut wo . Case #: 2005-00282 oan Oe! pun fi LAB/be Drees PC Found: May 24, 2005 Division II: Watts & Bailey cyer

Docket for Case No: 05-003911PL