Apr 18 2006 9:52 O4/18/2686 89:45 8589219186 DEPR PAGE 3/21 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No. 2005-041 832 MICHAEL CLYDE CRUTCHFIELD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL CLYDE CRUTCHFIELD, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulatin g 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 Building Contractor, in the State of Florida, having been issued license number CB C046776. 3. Respondent's addresses of record are 922 W. White Avenue, Graceville, Florida 32440 and P.O, Box 476, Graceville, Florida 32440, A. At all times material hereto, Respondent was the licensed qualifying agent for Tiger Steel Construction, Inc. (hereinafter “Tiger Steel”), 3. At all times material hereto, Tiger Steel did not possess a certificate of authority as required by Section 489.119(2), Florida Statutes. @4/1e/2886 89:45 8589219186 DEPR Apr 18 2006 9:52 PAGE @4/21 6. On or about December 9, 2004, Gary Parker, doing business as Parker Consultants, Inc., entered into a contract with James Wesley Waller (hereinafter “Waller’”) to build an addition to Waller's house located at 66 Pointe Circle, Santa Rosa Beach, Florida for $120,000.00. 7. At no time material hereto, was Gary Parker duly certified or registered to engage in the practice of contracting in the State of Florida, 8. At no time material hereto, was Parker Consultants Inc. duly qualified to engage in the practice of contracting in the State of Florida, 9. Respondent either knew or had reasonable grounds to know that Gary Parker and Parker Consultants, Inc. were not certified, registered, or qualified to engage in the practice of contracting in the State of Florida. 10. Tnor about April 2005, Respondent applied for and was issued a building permit (Permit No. 05-1179) from the Walton, County Building Department for the above described project. 11. At no time material hereto, was Respondent a party to a contract with Waller for the above described project. 12. At no time material hereto, was Gary Parker an employee of Respondent. 13. At no time material hereto, did Respondent perform any of the work under the above described project, . 14. At no time material hereto, did Respondent supervise any of the work under the above described project. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one Apr 18 2006 9:52 @4/1e/2886 89:45 8589219186 DEPR PAGE 85/21 through fourteen as though fully set forth herein. 16. Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contracting as business organization, including any partnership, corporation, business tmst, or other legal entity, or in any name other than the applicant's legal name, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 17. Based on the foregoing, Respondent violated Section 489.129(1)@), Florida Statutes, 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 489.1 19(2), Florida Statutes, COUNT I - 18, Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT OI 20. ‘Petitioner realleges and incorporates the allegations set forth in Paragraphs one through fourteen as though fully set forth herein, 21. Section 489.127(4)(c), Florida Statutes, provides 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. Apr 18 2006 9:52 @4/1e/2886 89:45 8589219186 DEPR PAGE @b/21 22. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawfu) order of the board, as here, Section 489.127(4)(c), Florida Statutes. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 24, 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 mules promulgated thereunder. Signed this _Z. onDaay of Aeeann Wer 2005, OC. VZ +0 OF C C Ce, TT buster, Pattick Creehan Chief Construction Attomey FILED Department of Business and Professional Regulation COUNSEL FOR DEPARTMENT: AGENCY CLERK P. Brian Coats cunk Soy eta 2. (Wout om 4 ATE [-94-200l6 Apr 18 2006 9:53 @4/1e/2886 89:45 8589219186 DEPR PAGE 7/21 Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #: 2005-041832

Docket for Case No: 06-001346PL