Feb 6 2007 14:08 2/6/2687 14:58 8589219186 DEPR PAGE 82/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2005-044565 v. KENNETH MELLICK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KENNETH MELLICK, ("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 C057165, currently in active status. 3. Respondent's address of record is 3920 Edgewater Drive, Orlando, Florida 32804. 4, At all times material hereto, Respondent was the primary qualifying agent fot Universal Roofing Group, Inc. ("URG") which held certificate of authority number OB 8838, which is now null and void. Feb 6 2007 14:08 2/6/2687 14:58 8589219186 DEPR PAGE 83/18 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. On or about January 18, 2005, URG contracted with Robert Rao ("Rao") to re- roof his residence located at 1361 Lyndell Drive, Kissimmec, Florida 34741. 7. The total contract price was $31,138.00 of which Rao paid URG $10,000.00 as a deposit. 8. In January 2005, URG began preliminary work on the Rao roofing project. 9, In March 2005, the roof was dried in, after which URG ceased all construction work on the project. 10. On or about April 13, 2005, Respondent obtained permit number A05-004250 from the Osceola County Building Department. Permit number A05-004250 was voided, and a second permit, permit number A05-007757, was issued on October 11, 2005. ll. To date, Respondent has not completed the roofing project, and Rao has not been able to contact Respondent. COUNT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein, 13. Section 489.119(2)(d), Florida Statutes, provides that an applicant who 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 Feb 6 2007 14:08 g2/ae/28e7 14:58 8589219186 DEPR PAGE @4/1a fictitious name where the applicant must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any and must be renewed every two years. 14. Based on the foregoing, Respondent violated section 489.129(1)G), Florida Statutes, by failing to comply with a provision of Chapter 489, Part I, Florida Statutes, by violating section 489,119(2)(d), Florida Statutes, by failing to obtain a certificate of authority for CCS. COUNT It 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 16. Based on the foregoing, Respondent violated section 489,129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be 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. COUNT Dit 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 1] as though fully set forth herein, 18. Based on the foregoing, Respondent violated section 489, 129(1}(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contractin ig. 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 Feb 6 2007 14:09 g2/ae/28e7 14:58 8589219186 DEPR PAGE 45/18 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 yan thereunder. Signed this 23" day of tune , 2006, April L! Rammonds Assistant General Counsel COUNSEL FOR THE DEPARTMENT: April L. Hammonds F | L f D Assistant General Counsel Department of Busi and Professional Regulation i ANESS oresstol Department of Business and AGENCY CLERK Professional Regulation 1940 N. Monroe St., Suite 60 Tallahassee, FL 32399-2202 850) 414-7531 7 Ja (350) 921-9186 (fax) cas Posted Wes W “ DATE - -. CO a Case # 2005-044565 ALH/dk PC FOUND: JUNE 27, 2006 Division Il; Weller & Clark

Docket for Case No: 07-000629PL