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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs JOHN EDWARD CRONE, D/B/A JOHN CRONE, INC., 08-004542 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004542 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: JOHN EDWARD CRONE, D/B/A JOHN CRONE, INC.
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Sep. 17, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 2, 2008.

Latest Update: Dec. 22, 2024
Sep 1? 2008 9:59 g@a/l7/28ee 89:56 8589219186 DEPR PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ' DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, v. Case No. 2006-043129 JOHN EDWARD CRONE, D/B/A/ JOHN CRONE, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN EDWARD CRONE, D/B/A JOHN CRONE, INC. ("Respondent"), and says: 1. Petitioner is the state agency charged with reguiating 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 ail times material hereto, a Certified Roofing Contractor in the State of Florida, having been issued license number CC €1327143, which is current and active . 3. Respondent's last known address of record is 10032 Cypress Shadow Avenue, Tampa, Florida 33647. GAOGC\A. Desmond AC\Crone2006-043129. AC. doc 1 Sep 1? 2008 9:59 g@a/l7/28ee 89:56 8589219186 DEPR PAGE @4/a7 4, At all times material hereto, Respondent was the qualifying agent for John Crone, Inc., which is registered as a qualified business, possessing certificate of authority number OB 46080, which is 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 ali operations of the business organization; for all field work at all sites; and for financial matters, both for the organization im general and for each specific job. 6. On or about May 9, 2006, Respondent contracted with James Kilchenman to re-roof a residence owned by Kilchenman located at 1113 Shell Basket Lane, Sanibel, Florida. 7. The contract price was $7,700.00 and Respondent was paid a deposit of $1,700.00. 8. Respondent obtained a permit for 1113 Shell Basket Lane and began work. 9. Respondent ceased work in approximately June of 2006 and abandoned the project by failing. to perform work for a period exceeding 90 consecutive days- 10. No inspections were requested for the work on the roof. 11. Mr. Kilchenman contracted with another company in GAOGC\A Desmond AC Crone2006-043129.AC. doc 2 Sep 1? 2008 9:59 9/17/2688 89:56 8589219186 DEPR PAGE 85/87 2007, who completed the work and obtained a final inspection in August of 2007. COUNT_ONE 12. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489.129(1) (3), 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, ox fails to perform work without just cause for 90 consecutive days. COUNT TWO 14. Petitioner. re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set’ forth herein. 15. Based on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, 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, GAOGC\A. Desmond AC\Crone2006-043 129.AC. doe : 3 Sep 1? 2008 9:59 g@a/l7/28ee 89:56 8589219186 DEPR PAGE 86/a7 -. “ee 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 $10,000.00 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 22 aay of A. , 2008. PC Found: April 22, 2008 Div, II: Flaherty & Engelmeier Amgen onto Ange Clarisse Desmond Assistant General, Counsel Florida Bar Noa. 181031 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile GAOGC\A. Desmond AC\Crone2006-043 129.AC,doe . 4

Docket for Case No: 08-004542
Source:  Florida - Division of Administrative Hearings

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