Dec 9 2008 9:14 1l2/ag/2aee 1a:13 8589219186 DEPR PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2007-038049 ARNOLD MORALES HUTCHINSON, D/B/A PARTHENON, INC. and PCI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against ARNOLD MORALES HUTCHINSON (“Respondent") and says: 1. 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 €C60414, which is currently current and active. 3. Respondent's addresses of record are 732 East Lawn Drive, Celebration, Florida: P.O. Box 430, Gibsonton, Florida and 12638 South US Hwy 41, Gibsonton, Florida. 4. At all times material hereto, Respondent was the GAOGCiprendleman\ACs\hutchinson.doe 1 a3/ag Dec 9 2008 9:14 1l2/ag/2aee 1a:13 8589219186 DEPR PAGE @4/ag primary qualifying agent for Parthenon, Inc. (“Parthenon”), which has a currently-delinquent certificate of authority, QB number 47707, which expired August 31, 2007. 5. Section 489.1195(1) (a), Florida Statutes, provides that alli primary qualifying agents for a business organization axe 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. 6. On or about December 29, 2005, Respondent made an application with the Construction Industry Licensing Board to qualify ‘another business, Parthenon Communities, Inc. In the application process, Respondent signed a statement, true at the time, stating he had not been disciplined by a state, county or municipality. 7. On or about September 9, 2006, Respondent appeared in front of the Hillsborough County Building Services Division and was charged with (1) willful or deliberate disregard for ‘the Florida Building Code and (2) allowing any violation of code to go uncorrected for more than 30 days. As a result, Respondent was charged with a $500.00 fine, ordered to attend continuing education and put on one year of probation of local permitting privileges, 8. On or about October 11, 2006, Respondent appeared in GAQGC\prendleman\ACe\hutchingon,dog 2 Dec 9 2008 9:15 12/69/2688 16:13 8589219186 DEPR PAGE 85/89 front of the additional Entity Review Committee for consideration of the application for an additional license and failed to advise the committee of the disciplinary measures taken by the Hillsborough County Building Services Division on September 9, 2006. 9. On or about October 18, 2006, Subject was issued a second Genetal Contractor’s license, GC 1512175, and the Subject qualified Parthenon Communities, Inc. d/b/a PCI, QB50962. COUNT ONE 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. Jl. Section 455.213(1), Florida Statutes, states that all licensing applications must be supplemented as needed to reflect any material change in any circumstance or condition stated in the application which takes place between the initial filing of the application and the final grant or denial of the license and which might affect the decision of the department. iz. Based on the foregoing, Respondent violated. section 489.129(1)(c), Florida ‘Statutes, by violating any provision of Chapter 455, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 455.213(1), Florida Statutes. GA\OGCiprendleman\ACs\hutchinson.doc 4 Dec 9 2008 9:15 1l2/ag/2aee 1a:13 8589219186 DEPR PAGE 86/a9 COUNT TWO 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 14. Seetion 489.119(2) (ad), Florida Statutes, states that a certificate of authority must be renewed every 2 years. If there is a change in any information on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the department. ' 15. Based on the foregoing, Respondent violated section 489.129(1) (1), 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 489.119 (2) (d), Florida Statutes. . COUNT THREE 16. Petitioner realleges and incorporates. the allegations set forth in paragraphs one through mine as though fully set forth herein. 17. Based on the foregoing, Respondent vidlated section 489.129(1)(m), Florida Statutes, by committing incompetence or - mismanagement in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing GAOGC\prendleman\ACs\hutchinson.doe 4 Dec 9 2008 9:15 1l2/ag/2aee 1a:13 8589219186 DEPR PAGE @7/ag ene or more of the follewing 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. * Signed this ZY day of , 2008. PC Found: June 24, 2008 Div. |: Wilford & Thornton oe re Kyle David Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399~2202 (850) 488-0062 Telephone (850)921-9186 Facsimile GAOGC\prendieman\ACs\hutchinson.doc

Docket for Case No: 08-006132