STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, pau Petitioner, a) (c Z) 2 4 PL Case‘No. 2004-007656 YS. JOHN B. MORTON I, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN B. MORTON UL ("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 C011043. 3. Respondent's address of record is 700 NE 42™ Street, Oakland Park, Florida 33334, »y 9 4. At all times material hereto, Respondent was licensed as the qualifying agent for Morton Roofing, Inc. (hereinafter referred to as "Contractor"). The Contractor does not have a certificate of authority as a qualified business organization (QB license). 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. The Contractor failed to obtain a QB license. 7. On or about October 20, 2003, the Contractor entered into a written agreement with Erby Cody (hereinafter referred to as the “Customer”) to re-roof the Customer’s residence located at 6350 N.W. 77th Court, Parkland, Florida, . & The contract price was Thirteen Thousand dollars ($13,000.00). 9. Pursuant to the contract, on or about October 20, 2003 the Customer paid the Contractor Five Thousand dollars ($5,000.00). 10, Qnor about November 4, 2003, the Contractor applied for a building permit from the City of Parkland building department. The application was approved, and on or about January 9, 2004, building permit number 2003110042 was issued. 11. Without just cause, the Contractor failed to commence working on the project until May 2004. At that time the Contractor performed, but failed to complete, the work called for by the contract. Thereafter, and without just cause, the Contractor failed to perform further work until December 2004. A passing final inspection by the City of Parkland building department occurred on or about January 12, 2005. NI COUNT I 12. The Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count L. 13. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 14. Based upon the foregoing, the Respondent violated Section 489,129(1)Q), 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)(m), Horida Statutes (2002), by committing incompetency or misconduct in the practice of contracting. COUNT HI 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count HT. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2002), by abandoning a construction project in which the contractor is engaged or under us ) ) 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. COUNTIV 19. - Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth in this Count IV. 20. Section 489.126(2)(b), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must start the work within 90 days after the date all necessary permits for work, if any, are issued...” 21. 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. 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. ka Signed this 20" day of boon , 2005. TV Leestize, Ee... G. THEODORE R. GAY , F ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R, Gay Assistant General Counsel E D Department of Business and and Praressional Riaguiatlon Professional Regulation Department of BY CLERK 8685 NW 53" Terrace, #100 DEPU Miami, FL 33166 WV. (305) 470-6783 Ext. 2225 cere nanan 3 od . al TRG/sb DATE B-la-Awo Case #2004-007656 PC Found: April 26, 2005 Division I; Holloway & Blankenship

Docket for Case No: 06-002243PL