Mar 4 2009 3:44 3/@4/2089 89:48 8589219186 DEPR PAGE 83/89 ; STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-034100 JOHN SMOOT HULL, D/B/A Roof Claims Specialists/ State Roofing, LLC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS: AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN SMOOT HULL, ("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. -Reéespondent is, and has been at all times material hereto, a Certified Roofing Contractor in the State of Florida, having been issued license number CCC 1326343, 3. Respondent's last known addresses of record are: 825 Egret Circle, Apt. A-410 Delray Beach, Florida 33444, 4373 Gulf GAOGC Fortunas\Administrative Complaints\Vohn Sinoot Hull 489, 129(1)(0),(1)0m)(1)(and(g).doc Mar 4 2009 3:44 3/@4/2089 89:48 8589219186 DEPR PAGE 84/89 Breeze Parkway Gulf Breeze, Florida 32562,. 3203 Rockyridge Houston Texas, 77063, 2220 Gloria Circle Houston Texas, 77057. 4, At all times material hereto, Respondent was the primary qualifying agent for Houston Roofing Corporation d/b/a Roof Claims Specialists, ("RCS"), which has been issued Certificate of Authority number QB 38604 which is in delinquent status. 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 ail 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 June 8, 2005, Réspondent, doing business as RCS, entered into a contract with Robert Bruno ("Bruno") to re-roof the residence located at 2 North Street, Maxy Esther, Florida 32569. 7. The total estimated contract price was $12,040.00 of which Bruno paid a total of $7,200.24, 8. The contract did not contain Respondent’s or RC§’s registration, certification, or certificate of authority number as required by 489.119(6) (b) Florida Statutes. 9. On or about June 8, 2005, Respondent commenced the work on Bruno’s home. GAOGC\Fonunas\Administrative Complaints\ohn Smoot Hull 489.1 290190), Km)( 1)(i)and(g).doe Mar 4 2009 3:44 aa/ad/28e9 8o:4a 8589219186 DEPR PAGE @5/ag 10. Respondent did not obtain the required permit for the work before performing the work on the project. Tl. Respondent did not obtain the required inspections for the work performed on Bruno’s home. 12. On ox about August 16, 2006, Respondent was fired from’ Brune’s project. 13. On or about October 5, 2005, Roofing Supply Group, a supplier, issued a claim of lien against Bruno's property in the amount of $3,752.91 for materials billed to ‘Bruno’ s project ordered by Respondent. COUNT ONE 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 15.. Based on the foregoing, Respondent violated Section 489.129(1) (g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor fox the customer's job; the contractor has received funds from the customer to pay for the Supplies or services; and the contractor has not had the liens removed from the property, GAQGC\Fortunas\Administrative ComplaintsVohn Smoot Hull 489, 1291 (0), (7 (m)(1)(Dand(g).doe Mar 4 2009 3:44 aa/ad/28e9 8o:4a 8589219186 DEPR PAGE 86/a9 by payment er by bond, within 75 days after the date of such liens. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1) (0), Florida Statutes, by failing to obtain permits and inspections for work performed on the project. COUNT THREE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set’ forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. COUNT FOUR 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 21. Florida Statute 489.119(2) (d), requires that a certificate of authority be renewed every two years, GAOGC\Fortunas\Administrative Complaints\iohn Smoot Hull 489,129] Xo),()0m) C1 )(and(g).doc Mar 4 2009 3:45 aa/ad/28e9 8o:4a 8589219186 DEPR PAGE @7/ag 22, Based on the foregoing, Respondent’ violated Section 489.129(1) (i), Florida Statutes, by violating 489.119(2) (d), Florida Statutes, COUNT FIVE 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully. set forth herein. . 24. Florida Statue 489,119(6) (b} requires that the registration or certificate of authority nimber appear in each offer of services, business proposal, bid contract, or advertisement used by that contractor ox business organization in the practice of contracting. 25. Based on the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes, by violating 489.119(6) (b), Plorida Statutes. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section GAOGC\Fortunas\Administrative Comptaints\ohn Smoot Hull 489.129(1)(0),(1)(m)( 1)i)and(z).doc Mar 4 2009 3:45 aa/ad/28e9 8o:4a 8589219186 DEPR PAGE @8/ag 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 Zl” day of , 2008. PC Found: August 26, 2008 a Div. I: Brown & Weller fe James Fortunas Assistant General Counsel Fl. Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 Telephone: (850) 488-0062 Facsimile: (850)921-9196 FILED Dapartment of Sustness and Professional Ragulation DEPUTY CLERK CLERK DATE GAOGC\Fortunas\Administrative Complaints ohn Smoot Hull 489.129() (0),(1)(m) 1\i)and(g).doe.

Docket for Case No: 09-001153