Feb 9 2009 13:55 2/09/2089 14:28 8589219186 DEPR PAGE 28/24 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-049209 Vv. “MICHAEL RAY KNIGHT Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL RAY 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, havin g been issued license number CC C5810. 3. Respondent's last known address of record is 1495 Tee Pee Trail, Orlando, FL 32825. 4, At all times material hereto, Respondent was doing business as Quality Roofing (“QR”). QR has not been appropriately qualified as required. Feb 9 2009 13:55 DEPR PAGE 21/24 a2/as/20a9 14:28 9589219196 4, Section 489.11 .1)(a), Florida Statutes, provides that. timary qualifying agents for a business organization are jointly and equal ly responsible for supervision of all operations of the businesy 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 March 18, 2006, OR entered into a contract with John and Marion Kozakiewiez (“Kozakiewicz”) to re-roof the residence located at 35363 NW 60 Drive, Coral Springs, FL 33067. 7. The total contract Price was $29,500.00, of which $22,000.00 was paid to OR by Kozakiewicz. 8. Respondent failed to finalize the permit pulled for the work pursuant to the contract with Kozakiewiez. 9. Neither QR nor Respondent completed the contracted work. 10. No amount of monies paid by Kozakiewicz to OR has been refunded. 11, Based on the amount of work that was completed by Respondent, the amount of monies received by Respondent was in excess of the amount of work completed by Respondent. COUNT I 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 qualify and obtain a certificate of authority for any company in which the contractor is engaging in contracting. 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. 13, Respondent engages in contracting in the name of Quality Roofing. Feb 9 2009 13:55 PAGE 22/24 a2/Oa/2089 14:28 9589219196 DEBPR 16. Based onthe fi zoing, Respondent violated section 48, 29(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 I 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 18, Section 489.126(2)(a), Florida Statutes, requires that a contractor must apply for a permit within thirty (30) days of receipt of payment in excess of 10% of the contract price, 19. Respondent received $10,000.00 from Kozakiewicz on or about March 18, 2006 and failed to apply for a permit within thirty (30) days of receipt of that money. 20. 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 489,126(2)(a), Florida Statutes. COUNT MII al. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 22. 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 harm to a customer. Financial thismanagement 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 entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. Feb 9 2009 13:36 PAGE 23/24 az/eas/20a9 14:28 9589219196 DEBPR COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 24. Based on the foregoing, Respondent violated section 489. ] 29(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, or fails to perform work without just cause for 90 consecutive days. COUNT V 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 26. 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 VI 27. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 26 as though fully set forth herein. 28, Based on the foregoing, Respondent violated section 489.1 29(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 onc or 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 Feb 9 2009 13:36 g2/ag/eaed 14:28 8589219186 DEPR PAGE 24/24 investigation and prosecution, .pose any or all penalties delineated w. a 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 Z tay of (ilsauy? , 2008. PC Found; February 26, 2008 Div. TI: Brown & Moody By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: Matthew D. Morton Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-2202

Docket for Case No: 09-000653PL