Jan 31 2008 13:55 @l/31/2088 13:51 4ar4z5a26a WRIGHT FULFORD MOORH PAGE 4/a7 ms . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2006-015766 . JACK LEONARD HOLT, D/B/A ALL AMERICAN GENERAL CONSTRUCTION CORP., Respondent. / : ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JACK LEONARD HOLT, ("Respondent"), and says: l. 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 C57573. 3. 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 C57919. 4. Respondent's last known addresses of record are 1021 Mandalay Drive, Brandon, Florida 33511 and 8859 NW 44™ Court, Coral Springs, Florida 33065. 5. At all times material hereto, Respondent was the primary qualifying agent for All Ametican General Construction Corp. (‘AAGCC"), which has been issued Certificate of Authority number QB 6365. Jan 31 2008 13:55 @l/3l/28ee 13:51 4874258268 WRIGHT FULFORD MOORH PAGE 85/87 6. Section 489. 95(1)(a), Florida Statutes, provides “Y 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. 7. On or about January 10, 2005, AAGCC entered into a contract with Bank of Auierica, N.A, as Trustee for Menicos Menicon ("BOA") to restore the home located at 227 ' North Lake Avenue, Apopka, Florida 32703. 8. The total contract price was $133,178.76, of which BOA paid $44,000.00 to AAGCC. 9. . Respondent failed to include information on the Florida Homeowner’s Recovery Fund in the signed contract. | . 10, Respondent has failed to obtain a final inspection on the project. 11, Respondent abandoned the project. 12. At the time of abandonment, the percentage of work completed by the Respondent was less than the percentage paid for the work, | COUNTI 13. Petitioner realleges and incerporates the alicgations set forth in paragraphs 1 through 12 as though fully set forth herein. 14. Section 489.1425, Florida Statutes, states that any agreement 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 where the value of all labor and materials does not exceed $2,500.00. 15. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material tespect to comply with the provisions of Chapter 489, Part I, Jan 31 2008 13:55 1/31/2088 13:51 4874258268 WRIGHT FULFORD MOORH —_, PAGE 86/87 Florida Statutes, or violati a rule or lawful order of the board, - having violated Section 489.1425, Florida Statutes, COUNT I 16. Petitioner realleges and incorporates the allegations set forth in patagraphs 1 through 12 as though fully set forth herein. 17, Based on the foregoing, Respondent violated Section 489.129(1)(g)(2), Florida Statutes, 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 Icss that 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 job is abandoned, COUNT UI 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein, 19. Based on the foregoing, Respondent violated Section 489,129(1)(G), 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 otification to the owner, inchiding tbe reason for termination, or fails to perform work without just cause for 90 consecutive days, COUNT IV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain a final inspection on the project. Jan 31 2008 13:55 7 g@l/3i/2aa9 13:51 4ard25e26e WRIGHT FULFORD MOORH PAGE 87/8 as . ~ COUNT V \ 22. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statules, 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 $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. , yt Signed this /, day of , 2007, PC Found: June 29, 2007 Div. TI: Engelmeier & Weller PC Found: July 3, 2007 Div. I: Clark & Burke COUNSEL FOR DEPARTMENT: Tiffany A. Harrington FILED Assistant General Counsel Department of Business and Professional Regulation FBN 26202 AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Munroe Street, Ste. 42 CLERK So wh 2. Waban nn Tallahassee, FL 32399-2202 DATE 7 -{ S- 200° ? Case No: 2006-015766

Docket for Case No: 08-000591