Feb 14 2008 15:37 @2/14/2088 16:34 4874258268 WRIGHT FULFORD MOORH PAGE 63/88 —, . ‘ STATE OF FLORIDA USINESS AND PROFESSIONAL REGULATION ON INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF CONSTRU DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIGN, > Petitioner, Case No. 2005-051076 WALTER RAYMOND GOODSON, JR., D/B/A MARKLE CONSTRUCTION, INC. Respoiudent. Petitioner, DEPART. T OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, agains. WALTER |KAYMOND GOODSON, JR. D/B/A MARKLE CONSTRUCTION, INC., ("Respondent"), and says: 1. Petitioner is the| state agency charged with regulating the practice of contracting pursuant to section 201165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. . 2. Respondent is, and thas been at all times material hereto, a Certified General Contractor in the State of Florida,|having been issued license number CG C038679. 3, Respondent's last Inown address of record is 5868 Lake Ville Road, Orlando, Florida 32818. Feb 14 2008 15:38 4874258268 WRIGHT FULFORD MOORH PAGE @4/ae ann . g2/ld/2aee 15:34 a 4. At all times material hereto, Respondent was the primary qualifying agent for Markle Construction, Inc. 5. Section 489.1199(1\a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally tesponsible for supervision of all operations of the business organization; for all tield work at all sites; and for financial matters, both for the organization in genctal and for each specific job. 6. On or about May) 2, 2005, Richard and Sharon Eshleman (“The Eshlemans™) entered into a contract with Accent Luxury Pools, Inc, (“Accent Taxury”) to install a pool at the Bshlemans’ home located at 1095 Ronlin Street, Haines City, Florida 33844. 7. The contract contained the Respondent’s license number and the business name of Accent Luxury. 8 The total amount bf the contract was $24,000.00. The Eshlemans paid Accent Luxury approximately $23,000.00, or approximately ninety-six percent (96%) of the contract price, | 9 Accent Luxury is qwned by Roger Goe (“Goe”) and Walter Kenny (“Kenny”). 10. Neither Goe nor lenny have a certified or registered license to practice contracting, 11, The Respondent agsisted Goe and Kenny to engage in the unlicensed practice of contracting by allowing Goe an Kenny to use the Respondent’s license number. 12. The Respondent entered into an agreement with Goe and Kenny where the Respondent would assist Goe d Kenny with engaging in the unlicensed practice of contracting by obtaining permits forithe Goe and Kenny. Feb 14 2008 15:38 g2/ld/2aee 15:34 4874258268 WRIGHT FULFORD MOORH PAGE @5/@8 ms, : ram 13. On or about July 14, 2005, the Respondent obtained permit mumber BP-05- 01474 from the City of Hain s| City Building Department to assist Goe and Kenny in completing the contracted project and engage in the unlicensed practice of contracting, 14, The Respondent jabandoned the contracted project on or about August 24, 2005, leaving it incomplete, 15. The percentage pf the contracted project completed by Respondent was substantially less than the perce thge of the total contract price that the Eshlomans paid the Respondent. 16. The Respondent ¢ommitted incompetency and misconduct in the practice of | contracting by assisting Goe and enny in the practice of unlicensed practice of contracting. COUNTI 17, Petitioner realleges |and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 18. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incomperency or misconduct in the practice of contracting, | COUNT OH 19. Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 16 as though fully set forth) herein. 20. Based on the foreg! ing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reason to know that the person or entity was uncertified and unregistered. a2/14/ 2888 16:34 4874258268 21. ‘Petitioner realleges through 16 as though fully set f 22. Based on foregoing Statutes, by abandoning a cons contract as a contractor. A projedt Feb 14 2008 15:38 WRIGHT FULFORD MOORH ™ PAGE COUNT DI and incorporates the allegations set forth in paragraphs | therein. , Respondent violated Section 489.129(1)(j), Florida ¢tion project in which the contractor is engaged or under may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause ot without proper notification to the . Owner, including the reason for t consecutive days. ‘23, Petitioner realleggs through 16 as though fully set fo 24. Statutes, by committing misma causes financial harm to a custo the contractor has abandoned ac the percentage of the total contradt unless the contractor entitled to . the excess funds within 30 days a WHEREFORE, Petitione Board enter an Order imposing 9 teprimand the licensee, revoke, s registration, require financial rest mination, or fails to perform work without just cause for 90 COUNTIV and incorporates the allegations set forth in paragraphs 1 herein. Based on the foregoing, Respondent violated section 489,129(1)(g)(2), Florida agement or misconduct in the practice of contracting that eT. Financial mismanagement or misconduct occurs when Slomer’s job and the percentage of completion is less than price paid to the contractor as of the time of abandonment, ain such funds under the terms of the contract or refunds a et the date the job is abandoned. respectfully requests the Construction Industry Licensing © or more of the following penalties: place on probation, spend, deny the issuance or renewal of the certificate or tion to a consumer, impose an administrative fine not to a6 /ae Feb 14 2008 15:38 WRIGHT FULFORD MOORH 4874258268 PAGE @7/ae g2/ld/2aee 15:34 \ exceed $5,000 per violation, fequire continuing e 1 ion, assess costs associated with investigation and prosecution 455.227(2), Florida Statutes, impose aiy or all penalties delineated within section d/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Hlorida Statutes, and/or the rules promulgated thereunder. 4 aa) Signed this, 3c" dayof__{ une , 2006. a . Brian Elzweig Assistant General Counsel COUNSEL FOR DEPARTME E [L D Brian Elzweig nit of Business and Professional Regulation Assistant Gencral Counsel Departme AGENCY CLERK Department of Business and Professional Regulation . Office of the General Counsel 1940 N. Monroe Street, Ste. 42 cuteK Soyeda = Woden am Tallahassee, FL 32399-2202 DATE -\8~ 2006 Case #: 2005-051076 , BE/sh PL Found 323] Cle anck. Puy 2b. Cinuns a the

Docket for Case No: 08-000784