Jun 12 2006 15:07 @6/12/28686 14:58 8589219186 DEPR PAGE @3/a9 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. 2005-050711 JEFFREY E. FUTCH, — Respondent, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against JEFFREY E. FUTCH, (“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 Residential Contractor, in the State of Florida, heving been issued license number CR C1326323. 3. Respondent’s address of record is 2031 US 27 South, Sebring, Florida 33870. 4. On or about November 29, 1993, in the County Court of the 20" Judicial Circuit, in and for Collier County, Florida, in case number 93-5271 MMA, Respondent entered a plea of Nolo Contendere and was adjudicated guilty to one charge of Willful Wanton Reckless Driving, Jun 12 2006 15:07 @6/12/28686 14:58 8589219186 DEPR PAGE @4/ag yo 4 5. On or about July 14, 1994, in the Circuit Court of the 13" Judicial Circuit, in and | for Hillsborough County, Florida, in case number 91-19379MM, Respondent entered a plea of Nolo Contendere and adjudication of guilt to one count of Obstruction or Opposing an, Officer Without Violence. 6. On or about August 17, 1994, in the Circuit Court of the 20" Judicial Cirenit, in and for Collier County, Florida, in case number 93-527] MMA, Respondent entered a plea of Nolo Contendere and was found in Violation of Probation. 7. On or about April 13, 1995, in the County Court of the 10" Judicial Circuit, in and for Highlands County, Florida, in case number 94-1591 TTMX, Respondent entered a plea of Nolo Contendere and was adjudicated guilty on one count of Driving Under the Influence. 8. On or about November 6, 2001, in the Circuit Court of the 10" Judicial Circuit, in and for Highlands County, Florida, in case number 01-00798A-XX, Respondent entered a plea of Guilty and adjudication of guilt was withheld to one count of Perjury in an Official Proceeding. | | 9, Onor about November 6, 2001, in the Circuit Court of the 10" Judicial Circuit, in and for Highlands County, Florida, in case number-00-1449 TTSB, Respondent entéred a plea of Guilty and was adjudicated guilty to one count of Reckless Driving. 10. In or about October 2001, Respondent submitted to the Department an Application for Certification of Registered Contractors. 11, On Question “H” of Section Four of the Application, titled “Financial Responsibility”, Respondent marked “No” for ever having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction within the past ten (10) years. Jun 12 2006 15:08 @6/12/28686 14:58 8589219186 DEPR PAGE @5/ag 12, ) In or about October 2001, at the time Respondent filled out the Application, Respondent had an obligation to notify the Construction Industry Licensing Board, (hereinafter “Board”), of the aforementioned Judgments. 13. In or about October 2001, at the time Respondent filled out the Application, Respondent knew or reasonably knew of the aforementioned Judgments, and knew or reasonably . knew an answer of “No” to Question “H” of Section Four of the Application was false. 14. In or about October 2001, at the time Respondent filled out the Application, Respondent knew or reasonably knew an answer of “No” to Question “H” of Section Four of the Application would be relied upon by the Board in its decision to grant Respondent a Registered Contractor License. : 15. Onor about March 18, 2002, based upon the statements made by Respondent, including Question “H” of Section Four. of the Application, the Board issued Respondent a Certified Residential Contractor License. — / 16. In or about October 2001 , Respondent submitted to the Department an Application for Qualified Business Organization (QB) License Number for J.E. Futch Custom Homes Inc. . 17. On Question “H” of Section Four of the Application, titled “Financial Responsibility”, Respondent marked “No” for ever having been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction within — the past ten (10) years, 18. In or about October 2001, at the time Respondent filled out the Application, Respondent had an obligation to notify the Board of the aforementioned Judgments. Jun 12 2006 15:08 @6/12/28686 14:58 8589219186 DEPR PAGE 86/a9 19. Tnor about October 2001, at the time Respondent filled out the Application, Respondent knew or reasonably knew of the aforementioned Judgments, and knew or reasonably knew an answer of “No” to Question “H” of Section Four of the Application was false. 20. In or about October 2001, at the time Respondent filled out the Application, Respondent knew or reasonably knew an answer of “No” to Question “ED” of Section Four of the Application would be relied upon by the Board in its decision to grant Respondent a qualified business licerise for J. E. Futch Custom Homes Inc. 21. On or about March 18, 2002, based upon the statements made by Respondent, including Question “H” of Section Four of the Application, the Boatd issued Respondent a qualified business license for J. E. Futch Custom Homes Inc. | 22. Based on the Foregoing, Respondent violated Section 489.129(1)(a), Florida Statutes, by: obtaining a certificate of authority by fraud or misrepresentation. 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, inrpose 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 455, 489, Florida Statutes, and/or the mles promulgated thereunder. signed this 200" day or _ fe Prd , 2006. Jun 12 2006 15:08 @6/12/2086 14:58 8589219186 DEPR PAGE a7/a9 Patrick Creehan, ° Chief Construction Attomey Counsel for Department: og (ation P. Brian Coats ss an protessionel Regu Assistant General Counsel ment of BUSINET’ Ay LER Department of Business and "Bene AGEN Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 wn CLERK phy Poo Case No. 2005-050711 oat . : PC Found: April 25, 2006 Division |: Kane& Husband

Docket for Case No: 06-002034PL