riLED sm Buy STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL RECUP REN AMI: 22 CONSTRUCTION INDUSTRY LICENSING BOARD piyision oF DIVISION I ADMINISTRATIVE HEARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OF USO ; Petitioner, VB. Case No. 2005-063714 GEORGE MCNEAL, D/B/A UMBRELLA ROOFING, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GEORGE MCNEAL, ("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 C057803, currently listed as current, active. 3. Respondent's last known addresses on record are 3324 8.E. 22" Place, Cape Coral, Florida 33904, 4922A Vincennes Street, Cape Coral, Florida 33904, and 1430 8.E. 17" Avenue Unit 3, Cape Coral, Florida 33990. 4. At all times material hereto, Respondent was licensed as the primary qualifying agent for Umbrella Roofing, Inc. ("Umbrella Roofing"), which is registered as a Qualified Business with license #13054, currently listed as Current, 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 November 9, 2004, Respondent, doing business as Umbrella Roofing, entered into a written contractual agreement with George Cinelli ("Cinelli") to install a new roof on his home located at 3359 S.E. 22" Place, Cape Coral, Florida 33904. 7. The contract did not contain a written statement notifying Ms. Gordon of the Florida Homeowner’s Construction Recovery Fund as required by section 489.1425 Florida Statutes 8. The total contract price was $17,000.00, of which Mr. Cinelli paid $13,684.58 to Respondent between April 13, 2005 and July 27, 2005. This payment constitutes eighty percent (80%) of the contract price 9. Section 489.129(2)(a), Florida Statutes, provides in part, that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. 10. Onor about October 13, 2005, almost ninety days after payment was made by Mr. Cinelli, Respondent obtained permit number 05-00033214 from the City of Cape Coral for the work to be performed pursuant to the contract with Mr. Cinelli. 11. | Respondent abandoned the contract by failing to commence work on the project. 12. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent's abandonment. 13. Despite failing to commence work on the project, Respondent failed to refund any amount of the $13,684.58 paid to him by Mr. Cinelli. COUNT I 14. Petitioner re-alleges aud incorporates the allegations set forth in paragraphs 1 through 13 as fully set forth herein. 15. 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. 16. Based on the foregoing, the 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. COUNT 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as fully set forth herein, 18. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, as an initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work if any are issued. 19. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statues, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489,126(2), Florida Statutes. COUNT Jil 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as fully set forth herein. ‘ 21. __ Based on the foregoing, Respondent violated Section 489,129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IV 22, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as fully set forth herein. 23, Based on the foregoing, Respondent violated Section 489,129(1)(), 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 V 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as fully set forth herein. 25. Based on the foregoing, Respondent violated section 489. 129(1)(g)(2), Florida Statues, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned, COUNT VI 26. _ Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1} through 13 as though fully set forth herein. 27, Based on the foregoing, the 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 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 of legac , 2006. & - v Jefitey Kelly Assistant General Counsel COUNSEL FOR DEPARTMENT: 0 ‘on : al Regulate Jefirey-J. Kelly : A, prceason Assistant General Counsel axtrnent of BusteNiC! cueR Department of Business and Der Professional Regulation 1940 North Monroe Street W pants O49 Northwood Centre an g . eeu Tallahassee, FL, 32399-2202 ane Syrah LOS NIK one Case # 2005-063714 PC Founda: Gkz]Oe IL: ENQUrrieus + LAWS

Docket for Case No: 07-004566