Feb 9 2009 13:31 g2/ag/eaed 14:28 8589219186 DEPR PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-049881 MICHAEL KNIGHT, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL KNIGHT, ("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 Roofing Contractor in the State of Florida, having been issued license number CC C58180. 3. Respondent's last known address of record is 1495 Tee Pee Trail. 4. At all times material hereto, Respondent was doing business as Quality Roofing (“OR”). oR has not been appropriately qualified as required. G:\OGC\Matthew Morton\Casea\Knight, Michael\2007-04988 I \Administrative Complaint - G2, I, J, @and M.doc 1 ad/2d Feb 9 2009 13:32 g2/ag/eaed 14:28 8589219186 DEPR PAGE 85/24 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 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 specifica job. 6. On or about May 12, 2006, OR entered into a contract with Marilyn Goldman ("Goldman") in the amount of $55,000.00 to re-roof the residence located at 3245 St. Charles Place, Boca Raton, FPL 33434. 7. Goldman paid a total of $36,500.00 to QR with the initial payment of $18,500.00 being paid to OR on or about May 12, 2006. 8. Respondent failed to finalize the permit to complete the work pursuant to the contract with Goldman. 9. Neither QR nor Respondent completed the contracted work, 10, No amount ‘of monies paid by Goldman to OR has been refunded. il. Based on the amount of work completed, the amount of Monies received by Respondent was in excess of the amount of work completed by Respondent. penile i i 'GC\Matthew Motton\Cases\Knight, Michael\2007-04988 1\Administrative Complaint - G2, |, J, 0 and M.doc Feb 9 2009 13:32 62/69/2689 14:28 8589219186 DEPR PAGE 86/24 "COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Section 489.119(2), Florida Statutes requires that a contractor must ‘register and obtain a certificate of authority and qualified business license for any name in which a contractor wishes to engage in business. 14, Quality Roofing is not a qualified business as required by Section 489.119(2), Florida Statutes and has not obtained the necessary certificate of authority. 15. Respondent engages in contracting in the name of Quality Roofing. 16. Based on the foregoing, Respondent violated section 489,.129(1) (i), 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), Florida Statutes. COUNT TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 18. 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 G:AOGC\Matthew Morton\Cascs\Knight, Michael\2007-04988 l\Administrative Complaint + G2, 1, J, Gand M.doe 3 Feb 9 2009 13:32 62/69/2689 14:28 8589219186 DEPR PAGE 87/24 harm to a4 customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's ‘job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is antitled to retain such funds under the terms of the contract or refunds the. excess funds within 30 days after the job is abandoned, COUNT THREE 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, by abandoning the 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 FOUR 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein, OGCiMatthew Mortomn\Cages\Knight, Michael2007-04988 1\Adminisnative Complaint - G2, 1, J, 0 and M.doc 4 Feb 9 2009 13:32 62/69/2689 14:28 8589219186 DEPR PAGE 88/24 42. Based upon the foregoing, the Respondent violated Section 489.129(1) (0), Florida Statutes, by failing to obtain the necessary permits, pass all inspections and finalize the necessary permits. . . COUNT FIVE 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 22 as though fully set forth herein. 24. Based on the foregoing, Respondent violated section 489.129(1) (m}, Florida Statutes, by committing incompetence or mismanagement in the practice of contracting WHEREFORE, Patitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one orf 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, GAOGC\Matthew Morton\Cases\Knight, Michael\2007-04988 1\Administrative Complaint - G2, I, J, O and M.do¢ Feb 9 2009 13:32 g2/ag/eaed 14:28 8589219186 DEPR PAGE @g/24 Florida Statutes, and/or the rules promulgatea thereunder, a Signed this 28 day of , 2008, PC Found: May 27, 2008 Div. Ti: Holloway & Weller atthew D. Morton Assistant General Counsel Florida Bar.No: 0415332 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Télephone (850) 921-9186 Facsimile Gr - i \OGC\Matthew Morton\Cases\Knight, Michacl\2007-04988 1\ Administrative Complaint - G2, I, J, O and M.doe

Docket for Case No: 09-000652PL