Nov 1 2007 15:08 11/81/2087 15:18 eegaeaeaaa PAGE 082/08 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND _ PROFESSIONAL REGULATION, a) 5S - SO (vO Petitioner, Case No. 2007-002175 JEFFERY R. JACKSON d/b/a Jett LLC Respondent. ! ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND _ PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JEFFERY R. JACKSON, ("Respondent"), and says: I. 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 General Contractor in the State of Florida, having been issued license number CG C61839. 3. Respondent's last known address of record is 3468 River Oaks Lane, Pensacola, Florida, 32505 and Jast known mailing address is 175 W Airport Blvd, Pensacola, Flonda, 32505. Nov 1 200? 15:09 11/81/2887 15:18 aaaeeaeeaa PAGE 63/88 sae? ed 4. On or about June 12, 2006, Frank and Annie Porter (“Porter”) contracted with Respondent to repair their hurricane damaged home located at 709 W Pinestead Road, Pensacola, Florida. 5. The contract price of the project was $21,413.05. 6. Respondent reccived two draws of $7,137.68, for a grand total. of $14,275.36. The first draw was received by respondent on or around June 18, 2006. 7, The contract did not contain information regarding the Florida Homeowners’ Recovery Fund. 8. Respondent did not apply for or receive any permits for the project. 9. Respondent abandoned the project after receipt of the second draw, on or around July 21, 2006. 10. Respondent ceased work on the project for a period greater than 90 days without notice to Porter. 11. As of May 22, 2007, the project is still incomplete. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through |] as though fully set forth herein. 13. Section 489.1425, Florida Statutes, states that any agrcement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except wherc the value of all labor and materials does not execcd $2,500.00. 14. Based on the foregoing, Respondent violated scction 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Nov 1 200? 15:09 11/61/2887 15:16 eeageaaaaa PAGE 04/288 Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.1425, Florida Statutes. COUNT Il 15. Petitioner realleges and incorporates the allcgations set forth in paragraphs 1 through 11 as though fully set forth herein. 16. Section 489.126(2), 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. 17, Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, 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 Il 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully sct forth herein. 19. Bascd 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 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. Nov 1 200? 15:09 11/01/2887 15:10 egeaeaaaas PAGE @5/88 COUNT IV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 11 as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence 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 $10,000 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. te. Signed this 24 day of 2007. a PO Found: uly 24, 2097 Mw bo Kane & Hoskand By: Apri] L. Hammonds Chief Construction Attorney COUNSEL FOR DEPARTMENT: Michael B. Golen Assistant General Counsel F | L E D Department of Business and Department of Business and Professional ReguletioM Professional Regulation AGENCY CLERK Office of the Gencral Counsel 1940 N. Monroe Street, Ste. 42 CuRK Sonny 2. (Wetman, DAT! ~ 390-2067 Case # 2007-002175

Docket for Case No: 07-005060