STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ; DIVISION if DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ow Dus PL Case No. 2005-045272 vs. JOHN B. MORTON II, 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 I, ("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 Horida, having been issued license number CC C011043. 3. Respondent's address of record is 700 NE 42™ Street, Oakland Park, Florida 33334, 4, At all times material hereto, Respondent was licensed as the qualifying agent for Morton Roofing, Inc. (hereinafter referred to as “Contractor"). At all times material hereto, the Contractor did not have a certificate of authority as a qualified business organization (“QB license”). On or about January 10, 2006, the Contractor filed an application with the Petitioner for a 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 February 4, 2005, the Contractor entered into a written contract with Thomas Bergstein (“Customer”) to re-roof the residence of Byrnece Bergstein, the Customer’s mother, located at 5563 Ainsley Court, Boynton Beach, Florida. 8. The contract price was Sixteen Thousand Nine Hundred Fifty dollars ($16,950.00), to be paid in three draw payments of Five Thousand Six Hundred Fifty dollars ($5,650.00) each, the last of which was due “upon completion and delivery of releases and warrantees.” | 9. On or about February 11, 2005, the Customer paid the first draw payment, and on or about April 15, 2005, the Customer paid the second draw payment, for a total of Eleven Thousand Three Hundred dollars (1 1,300.00). 10. Onor about March 10, 2005, the Contractor applied to the Palm Beach County building department for a building permit for the project. The application was approved and on or about March 15, 2005 building permit number B05011936 was issued. 11. The Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. After approximately May 1, 2005, the Contractor failed without just cause to perform work for more than 90 consecutive days, thereby abandoning the project. 12. Thereafter the Customer had the project completed by others at a total cost that substantially exceeded the original contract price. COUNT! 13. The Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. 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 nanie 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. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)0), Florida Statutes (2004), 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 H 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IL. 17. Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes (2004), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days ifthe 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. WHEREFORE, Petitioner respectfislly 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. Signed this “2 day or__ (YYamciy __, 2006. j hewathese, ze... Gay THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR. DEPARTMENT: Theodore R. Gay ~ F | [ Assistant General Counsel Department of Business and Professional Regulation Department of Business and AGENCY CLERK Professional Regulation 8685 NW 53™ Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 CLERK 2 why fo Werden rR6I ke in barlelel” Case #2005-045272 PC Farnd 3bslou DWT: laisse Balen, Jab Bush Govemor Slmone Marstillar * Secratary Office of the General Counsel 8685 Northwest 53” Terrace Suite 100 Miami, FL 33166 VOICE 305.470.6783 ext. 2225 FAX 305.470.6756 INTERNET ww mnyflorida.com/dbpr y STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a) Thomas Bergstein 5563 Ainsley Court Boynton Beach, Florida 33437 Case No: 2005-045272 Subject: John B. Morton If/Morton Roofing, Inc. Dear Mr. Bergstein: This is in reference to the complaint that you filed with this agency against the above named contractor. Upon completion of the investigation, the complaint was forwarded to the Office of the General Counsel for review. The complaint was then submitted for consideration by the Probable Cause Panel of the Construction Industry Licensing Board. At a recent meeting, the panel found probable cause to believe that the contractor violated applicable sections of Chapter 489, Florida Statutes, the practice act that governs licensed contractors. Accordingly, formal charges in the form of an Administrative Complaint have been filed against the contractor. , This office is in the process of serving the Administrative Complaint on the contractor. Once served, if the contractor disputes the charges and requests a formal evidentiary hearing, your testimony may be required. In any event, you will be informed as the case progresses and advised of the ultimate outcome. oF Sincerely, “Tnetnn TE Theodore R. Gay Assistant General Counsel TRG/

Docket for Case No: 06-002245PL