Jun 23 2009 14:54 6/23/2689 14:48 8589219186 DEPR PAGE 83/89 , ° ~ FILED . Department of Buertass and Profestionn! Reputation ee —" Deputy Agency Glerk CLERK Brandon Mishols Date 6/14/2009 Filte STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ‘ Case No. 2008-015867 WILLIAM JEFFREY MILLER, D/B/A Miller Steel Builders of NW. FL, LLC Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM JEFFREY MILLER, (“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 48, Florida Statutes. 2. Respondent is, and has been at all times material . hereto, a Certified General Contractor, license number CGC 1509446, in the State of Florida, which is in “Current, Active” status, GAOGC\Fie\AC\2008-01 5867 Miller (qt jm) AG.doe . 1 Jun 23 2009 14:54 Be/23/2889 1d:4e 8589219186 DEPR PAGE @4/ag 3. Respondent’s address of record is 365 Campbells Rest Road, Defuniak Springs, FL, 32433. 4. At all times material hereto, Respondent was the primary gualifying agent for Miller Steel Builders of NW FL Luc. (“Miller Steel”), which has not been issued a certificate of authority. 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 alt 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. In or about August 2006, Respondent, doing business as Miller Steel, entered into a contract with Jacob Lehtio on behalf of GFP Investments, LLC (“GFP”) to construct a steel building located at 17614 Ashley Drive, Panama City Beach, Florida. a The contract price for the project was $607,511.92. 8. In or about August 2006, Respondent commenced work on the project 9. In or about July 2007, Respondent ceased work on the project and failed to perform any additional work on the project for a period greater than ninety (90) days. 10. At the time work ceased, the project was not complete. GAOGC\F ig AC\2008-015867 Milicr (g1,j,m) AG.dos . 2 Jun 23 2009 14:54 6/23/2689 14:48 8589219186 DEPR PAGE 85/89 11. Respondent received approximately $596,873.35 in draws, an amount in excess of the work completed. 12. In or about September 2007, a lien totaling $20,953.89 was placed on the project due to Respondents failure to compensate Delta Fire Sprinklers for labor and materials. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14, Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contract as a business organization, including any partnership, corporation, business trust, or other legal entity, ox in any name other than the applicant’s legal name, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 15. 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 this part or violating a rule or lawful order of the board, by having violated Section 489.119(2), Florida Statutes. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set GAOGC\Fier\A C\2008-015867 Miller (e1 jm) AC.doc Jun 23 2009 14:55 a6/ 23/2889 14:48 8589219186 DEPR PAGE 86/a9 forth herein. 17. Based on the foregoing, Respondent violated section 489.129(1) (j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT THREE | 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 19. 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. COUNT FOUR 20. Petitioner re alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 21. Based on the foregoing, Respondent violated 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 GAOGCFieN\AC\2008-015867 Miller (g1,j,m) AC.doc a6/ 23/2889 14:48 8589219186 DEPR oné or more of the following penal reprimand the licensee, revoke, susp renewal of the certificate of regist restitution to a consumer, impose an exceed $10,000.00 per violation, req Jun 23 2009 14:55 PAGE a@7/ag ties: place on probation, end, deny the issuance or ration, require financial administrative fine not to wire continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties 455,.227(2), Florida Statutes, and/or is authorized to impose pursuant to Ch Statutes, and the rules promulgated th de lineated within Section any Gther relief the Board apter 455 and 489, Florida ereunder. . signed this LUN aay of Ogrord , 2009. CHARLES DRAGO, Secretary Department of Business and Professional Regulation By: es Fortunas \ssistan Fl. Bar General Counsel ©. 21635 Department of Business and Professional Regulation Office o 1940 N. } Tallahassee, PC Found 04/28/09 Division 1: Batton/Bonuss JF/at GAOGC\Ficr\AC\2008-015867 Miller (gl jt) AC.doc f the General Counsel onroe Street,Ste. 42 FL 32399-2202 Jun 23 2009 14:55 Be/23/2889 1d:4e 8589219186 DEPR PAGE @8/ag NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to gall and -cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing igs requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. G\OGC\Fie\AC\2008-015867 Miller (g1,j.m) AC.doc

Docket for Case No: 09-003475