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
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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.
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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
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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,
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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
Issue Date |
Proceedings |
Dec. 02, 2008 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Nov. 20, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 25, 2008 |
Order of Pre-hearing Instructions.
|
Sep. 25, 2008 |
Notice of Hearing (hearing set for December 3, 2008; 9:30 a.m.; Fort Myers, FL).
|
Sep. 22, 2008 |
Petitioner`s Response to Initial Order filed.
|
Sep. 17, 2008 |
Initial Order.
|
Sep. 17, 2008 |
Election of Rights filed.
|
Sep. 17, 2008 |
Administrative Complaint filed.
|
Sep. 17, 2008 |
Agency referral filed.
|