May 15 2006 15:39 5/15/2686 15:31 8589219186 DEPR PAGE 83/89 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs, Case No. 2005-021316 WILLIAM L, ABERCROMBIE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against WILLIAM L, ABERCROMBIE ("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 has been at all times material hereto, a Certified Building Contractor in the State of Florida, having been issued license number CB C059751. 3. Respondent’s address of record is 6702 Highway 98 West, Pensacola, Florida 32506. 4, At all times material hereto, Respondent was the licensed qualifier for Abercrombie Construction, Inc. (hereinafter “Abercrombie”), | 5. At all times material hereto, Abercrombie possessed a qualified business license (License No. QB0016007). May 15 2006 15:40 5/15/2686 15:31 8589219186 DEPR PAGE 84/89 6. On or about July 22, 2004, Respondent, doing business as Abercrombie, entered into a contract with Donna Conner (hereinafter “Conner”) to lift the existing one story house located at 5726 Fair Oaks Lane, Pensacola, Florida, and build a habitable first floor living space below the existing one story house. 7. The contract price for the aforementioned project was $95,473.00. 8. The contract did not contain a notification of the Construction Industry Recovery Fund as required by Section 489.1425, Florida Statutes. 9. On or about February 24, 2005, Respondent was issued a building permit (Permit No, 05011671) from the Escambia County Building Department for the above described project. 10. Inor about March 2005, Respondent commenced work on the project, 11. Section 489.113(3), Florida Statutes, provides, inter alia, that a building contractor shall be responsible for any construction or alteration of a structural component of a building or structure. 12. Respondent failed to perform an investigation on a proper method of raising the existing house off the ground. 13. In or about April 2005, Respondent commenced work on raising the existing house off the ground. , 14, Respondent failed to utilize a proper method of raising the existing house off the ground, 13. Section 489.1195, Florida Statutes, provides, inter alia, that all qualifying agents for a business organization are responsible for the supervision for all field work at all sites, both for the organization in general and for each specific job, May 15 2006 15:40 @5/15/ 2886 16:31 8589219186 DEPR PAGE @5/ag 16, Atthe time the existing house was being raised off the ground, Respondent failed to provide adequate supervision or ensure that minimal safety measures were being observed at the project site, 17. As a result of negligence on behalf of Respondent, in or about April 2005, the existing house collapsed while it was being raised off the ground. 18. As a result of the collapse, a member of Respondent's crew, James Peter Griffith III, became trapped underneath the house and was crushed by the house. 19. James Peter Griffith Til died as result of the injuries sustained during the collapse of the house. COUNT I 20, Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 21. Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 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 lawful order of the board, by having violated Section 489.1425(1), Florida Statutes. COUNT TH 23. Petitioner realleges and incorporates the allegations set forth tn paragraphs one through nincteen as though fully set forth herein. May 15 2006 15:40 @5/15/ 2886 16:31 8589219186 DEPR PAGE 86/a9 24. Section 489.1195(2), Florida Statutes, provides, inter alia, that a primary qualifying agent is responsible for the supervision of field work at sites where his or her license was used to obtain the building permit. 25. 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 arule or lawful order of the board, by having violated Section 489.1195(2), Florida Statutes. COUNT Til 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 27. Based on the foregoing, Respondent violated Section 489.129(1)(n), Florida Statutes, by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. COUNT IV 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 29. 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455,227(2), May 15 2006 15:40 @5/15/ 2886 16:31 8589219186 DEPR PAGE @7/ag Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. ; Roow Signed this 25"* day of _. January 3065 Patrick ee : a _ Chief Construction Attorney COUNSEL FOR DEPARTMENT: F | L F D . Department of Business and Professional Regulation P, Brian Coats AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel CLERK wu ] mM 1940 N. Monroe Street, Ste. 42 Soy oh W FOO. Tallahassee, FL 32399-220 oe_Z£7 23 ~ZOOl Case No. 2005-021316 PC Found: January 24, 2006 Division I: Lang & Del Vecchio

Docket for Case No: 06-001785PL