Aug 20 2009 17:35 ga/19/2ae9 12:17 8584146749 DEPR OGA PAGE 2/12 FILED Departmea! of Ausiness ard Professional Xepulatton Repuity Agency Clerk CLERK Brandan Mithols Onte 8/14/2009 Filazt STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No, 2008-035857 we JOHN BE, LEONARD, d/b/a JOHN LEONARD CONSTRUCTION, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Pehitioner"), files this Adminiatrative Camplaint before the Construction Industry Licensing Boara, against JOHN E LEONARD, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant ta Section 20.165, Florida Statutes, and Chapters 455 and 499, Florida Statutes. 2. Respondent is, and has been at all times material hereto, @ Certified Residential Contractor in the State af Florida, having been issued license number CRC 1328637; and a Certified Roofing Contractor in the state ef Florida, having been issued license number CCC 1328101. GAOGCAWOMC' Matin E. Leontird (2)(1 (ea in 0.doe Aug 20 2009 17:35 8/19/2689 12:17 8584146749 DEPR OGA PAGE 83/12 3, Respondent's jlast known address of record is 242) Waikiki Street, Port Saint Lucie, Flerida 34953. Ba At all times material hereto, Respondent was doing businesa as JOHN LEONARD CONSTRUCTION, INC. ({*JLC”) which has been issued Certificate of Authority number OB 42051. 5. Seotion 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 crganization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. JLC entered inte a contract with William H. Bealefeld ("Complainant") to construct an addition to Complainant's residence and a boat dock at 10912 Poinciana Drive, Clermont, Florida 34711. 7, The total contract price was $76,000.00, of which JLC accepted a total of $70,000.00. g. On or about February 27, 2008, Stock Building Supply Store 4321 filed a lien against Complainant's preperty in the amqunt of $27,037.38 for services and/or materials billed to Complainant's project ordered by ILC. 2. Complainant paid a reduced total amount of $18,000.00 in order to satisfy lien filed by Stock Building Supply Store 432). GAGGCMWGO\AC'sUohn E, Leonard (@)(1)(e2 nA. doc Aug 20 2009 17:35 8/19/2689 12:17 8584146749 DEPR OGA PAGE 4/12 10. JLC failed to have the lien removed. ll. JLC abandoned the project prior te completion. 12. At the time of abandonment, the percentage of work completed py JLC was less than the percentage paid for the work. 13. On or about March 5, 2009, the Lake County Board of Building Examiners entered an order finding that Respondent violated Lake County Ordinance Chapter 6-71l(a), by committing fraud in the practice of contracting. 14. Committing fraud in the practice of contracting is a violation of Section 489.129(1) (1), Florida Statutes. 15. As a result of the violation, the Lake County Board of Building Examiners dis¢eiplined Respondent by: ordering Respondent to pay administrative investigative costs of $500.00, suspending Respondent's permitting privileges until restitution is paid to the homeowner and all liens are removed from the homeowner's property, and until administrative investigative costs have been paid. COUNT_ONE lé. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 17, 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 GAOGC\WG\AC's\ohn E. Leonard (2) L2H NAC doe Aug 20 2009 17:35 ga/19/2ae9 12:17 8584146749 DEPR OGA PAGE 5/12 financial harm (9 4 customer, Financial mismanagemenn or misconduct occurs when valid liens have been recorded against the property of a contractor's customer for supplies cr services ordered by the contractor for the customer's job; the contracter has received funds from the customer to pay for the supplies or services: and the contractor has not had the Jiens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT TWO 18. Petitioner realleges and incorporates the allegations get forth in paragraphs 1 through 15 as though fully seat forth herein. 19. 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 harym to a customer. Financial mismanagement oY misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the tetal 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. COUNT THREE GAOGENWG\AC'sVohn B. Leonard (g)(1 YeNAMANAC. doe Aug 20 2009 17:36 ga/19/2ae9 12:17 8584146749 DEPR OGA PAGE §6/12 20, Petitioner reallege# and incorporates the allegations set forth in paragraphs 1] through 15 as though fully set. forth herein. 31. Based on the foregoing, Respondent violated Section 499.129(1) (h), Florida Statutes, by being disciplined by any municipality or county for an act or violation of this part. WHEREFORE, Petitioner respect.fully requests the Cenatruction Industry Licensing Board enter an order imposing one or more of the following penalties: place on probation, reprimand the licenseé, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not fo exceed $10,000 per violation, require continuing education, assess costs associated with investigation and presecution, impose any or all penalties delineated within Section Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder . , 2005. Signed this Ene day of GAQGEAWGAAC'sVohn &. Leonard (EC a2 hAAC doe 8/19/2689 12:17 8584146749 Found 4-28 OA paren Byarnveue GAOGCWG\AC's\ohn E Leonard Ce WEMZKD RAC doc Aug 20 2009 17:36 DEPR OGA PAGE Wilson Sreeay IV Cantract Attorney Florida Bar No. 707856 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tailahassee, FL 32399-2202 (850) 488-0052 Telephone (850) 921-9186 Facsimile 6 arfl2 Aug 20 2009 17:36 ga/19/2ae9 12:17 8584146749 DEPR OGA PAGE 8/12 NOTICE OF RIGHTS Respondent has the right to request a hearing toa be cenducted 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, te call and cross-examine witnesses and to have subpoenas and subpoenas duces técum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to reguest a hearing within twenty-one (21) dzys of receipt of an agency pleading, Respondent wsives 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 the Matter. Pursuant to the Section 455.277(3) (a), Florida Statutes, the Board, or the Dapartment when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with attorney’s time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 09-004607