Nov 3 2009 8:29 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 5/39 FILED Department af Guskvess and Profesrkined Ragulag{in Oepury Agency Clark CLERK Branden Nichols Date 8/20/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION f DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ve. Case No. 2008-030808 KENNETH MICHAEL TUMLIN, D/B/A GREAT SQUTHERN CONTRACTORS, INC., Respondent. / i i ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files thig Administrative Complaint before the Construction Industry Licensing Board, against KENNETH MICHAEL TUMLIN, D/B/A GREAT SOUTHERN CONTRACTORS, INC., (“Respondent”), and says: 1. Petitioner ia the state agency charged with requlating 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 Building Contractor in the State of Florida, license number CBC 28108, waich is in current and active status. 3. Respondent's addvessea of record which are currently on file with Petitioner are 673 Saranal brive, Winter Springs, GAOGCPR W\Cases\TUMLIN(2008-03 0808" inal Version.doc 1 Nov 3 2009 8:29 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 46/39 Florida 32789 and 807 South Orlando Avenue Suite R, Winter Park, Florida 32789. 4, At all times material hereto, Respondent was doing business ag Great Southern Contractors, Inc., ("@8C"). 5s At all times material hereto, Respondent was the primary qualifying agent for Gsc. 6. 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, »eth for the organization in general and for each sapecifida job. 7. At all times material hereto, Respondent was the President and Director of G&Cc. 8. At all times material hereto, the Vice President of GSC was Elaine Tumlin, who is the legal wife of Respondent. 2, At all times ‘material hereto GSC was a construction qualified business in the State of Florida, having been issued license number Of 16226. 10. At all times material hereto, GSC was a Florida for Profit Corporation, having been iadued document number P93000073341 and Federal Employer Identification number 593206601. 11. (On or about July 21, 2006, Respondent, d/b/a GSC, GAOGCPRW\Cases\TUMLIN 12008-030808\Final Version.doc 2 Nov 3 2009 8:29 11/62/2689 3:13 8584146749 DEPR OGA PAGE @7/39 entered an agreement, (*Contract’), with North College park, LUC, (“Complainant”). A true and correct copy of the Contract as executed on July 21, 2006 is attached aa Exhibit “ar, 12. The scope of work under the Contract included the construction of the Amacott Edgewater, located at 3550 Edgewater Road, Orlando, Florida, 32810. 13. As executed on July 21, 2006, the Contract totaled $702,694, of which Respondent has accepted full payment. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 1, (CORNERSTONE SITE WORK) , 14. On or about September 14, 2006, Respondent submitted to Complainant, change order 1, ("CO 1°), adn the amount of 88,689. A true and correct copy of CO 1 is attached ag Exhibit “BY. 15. CO 1 included an invoice ‘allegedly from sub- contractor Cornerstone Sitework in the amount of $8,689. 16. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the face of the Cornerstone dgitework invoice by increasing the price quoted from $6,556.75 to $8,689. 17. Complainant negotiated che $8,689 amount of CO 1 down to $7357, 1a. True and correct copies of the original Corneratone Sitework invoice along with the altered version of the invoice GAOGCIPR Wi\Casea\TUMLINA2008-030808\Final Version.doe 3 Nov 3 2009 $:30 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 8/39 are attached collectively as Exhibit “c”. 18. On or about January 1, 2007, Respondent submitted a fraudulent application and certification for payment, ("Pay App. 7°), Of $68,975.50, to Complainant, which included the amount of the altered Cornerstone Sitework invoice. 20. Included with Pay App. 7 was a fraudulent waiver and release of lien aigned by Respondent. True and correct copies of the fraudulent Pay App. 7 as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “pnp”. 21. Upon reliance of the fraudulent Cornerstone Sitework invoice and correaponding CO 1 as well as the fraudulent Pay App. 7 and corresponding waiver and release of lien, Complainant wad induced toa pay Pay App. 7 in full. COUNT ONE 22. Petitioner re-allegesa and incorporates the allegations set foxth in paragraphs one through twenty-one aa though fully set forth herein. 23. Baged on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting. COUNT TWO 24. Petitioner re-alleges and incorporates the allegations get forth in paragraphs one through twenty-one ag though fully set forth herein. GAQGCIPRW\Cases\TUMLIN(2008-030808\Final Version.dev 4 Nov 3 2009 $:30 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 89/39 25, Based on the foregoing, Respordent violated Section 489,.129(1) (k), Plerida Statutes, by signing a statement with respect to a project or gontract faleely indicating that the work ia bonded; falsely indicating that payment has been made Eor all subcontracted work, ‘labor and materials which resulta in a financial loee te the owner, purchaser or contractor; or falsely indicating that worker’s compensation and public liability insurance are provided. COUNT THREE 26. Petitioner re-allegea and incorporates the allegations set forth in paragraphs one through twenty-one as though fully get forth herein. 27. Section 455.227(1) (a), Florida Statutes, prohibits making misleading, deceptive or fraudulent representations in or related to the practice of contracting. 28. Baged on the foregoing, Respondent violated Section 489.129(1) (ce), Florida Statutes, by violating Section 455,227(1) (a), Florida Statutes, COUNT FOUR 29. Petitioner re-aliegea and incorporates the allegations set forth in paragraphs one through twenty-one 46 though fully set forth herein. 30. Section 455.227(1) (m), Florida Statutes, prohibita making deceptive, untrue or fraudulent representations in of GAOGOPRW\Cases\TUMLIN2008-030808\Final Version.doc 5 Nov 3 2009 $:30 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 1@/3g related to the practice of contracting or employing a trick or acheme in or related to the practice of contracting. 31. Based on the foregoing, Respondent violated Section 485.129 (1) (ec), Florida statutes, by violating Section 455.227(1) (m), Florida Statutes, COUNT FIVE 32. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth herein. . a2, Based on. the foregoing, Respondent viclated Section aa9.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 2, (CORNERSTONE STTEWORK) 34. On os about September 14, 2006, Respondent submitted to Complainant, change order 2, ("CO 2”), in the ameunt of $4,460. A true and correct copy of CO 2 ie attached ag Bxhibit “EM, 35. cO 2 ineluded an invoice’ allegedly from sub contractor Cornerstone Sitework in the amount of $4,014.80. 36. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the face of the Corneratone Sitework invoice by increasing the price quoted from $3,237.50 to GAOGC\PRW\Cases\TUMLIN2008-03 0808\Final Version doc 6 Nov 3 2009 $:30 PAGE 11/39 DEPR OGA 1l/a2/28e9 83:13 8584146749 $4,014.80. True and correct copies of the original Cornerstone a7. Sitework invoice along with the altered version of the invoice are attached collectively as Exhibit "Fr". 2007, Respondent submitted a 38. On or about January 1, fraudulent application and certification for payment, ("Pay App. 7°), of $68,975.50, to Complainant, which included the amount. of the altered Cornerstone Sitework invoice. 7 was a fraudulent waiver and 39. Included with Pay App. release of lien signed by Respondent. True and correct copies of 7 as well as the Eraudulent waiver and the fraudulent Pay App. release of lien are attached collectively as Exhibit “D". Upon reliance of the fraudulent Cornerstone Sitework 40. invoice and corresponding CO 2 ag well as the fraudulent Pay App. 7 and corresponding waiver and releage of lien, Complainant wag induced to pay Pay App. 7 in full. COUNT SIX Petitioner re-alleges and incorporatea the allegationa Al. get forth in paragraphs one through thirteen and thirty-four though fully set forth herein. through forty as Respondent violated Section on the foregoing, 42. Based Florida Statutes, by committing fraud and deceit 489,129(1) (1), in the practice of contracting. GAOGCIPRW\Cases\TUMLIN2008-030808\Final Version.doc Nov 3 2009 $:30 11/@2/2689 83:13 8584146749 DEPR OGA PAGE 12/39 COUNT SEVEN 43. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and thirty-four through forty as though fully set forth herein. 44, Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect to a project or contract falsely indicating that the work ig bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contyvactor; or falsely indicating that worker’s compensation and public |iability insurance are provided. COUNT EIGHT 45. Petitioner re-alleges and incorporates the allegations set forth in paragrapha one through thirteen and thirty-four through forty aa though fully set forth hexein. 46. Section 455.227(1) (a), Florida Statutes, prohibita making migleading, deceptive or fraudulent representations in or related to the practice of contracting. 47. Based on the foregoing, Respondent violated Section 489.129(1) (a), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes, COUNT_NINE 48, Fetitioner re-alleges and incorporates the allegations GAOGCAPRW\Cases\TUMLINIZ008-03080 8\Final Version.doe g Nov 3 2009 3:31 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 13/39 set forth in paragraphs one through thirteen and thirty-four through forty as though fully set forth herein. . 49. Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent representations in or related to the practice of contracting or employing a trick or scheme in or related to the practice of contracting, 50. Based on the foregoing, Respondent violated Section 489,129(1) (4), Florida Statutes, by violating Section 455.227(1) (m), Florida Statutes. COUNT_TEN 51, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and thirty-four through forty as though fully set forth herein. 52. Based on the Eoregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of dontracting. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 3, (DON KING'S CONCRETE) 53, On or about September 14, 2006, Respondent submitted to Complainant, change order 3, ("co 3"), in the amount of $4,769, A true and correct copy of cO 3 is attached as Exhibit sar, 84. CO 23 dineluded an invoice allegedly from sub- contractor Don King’s Conerete in the amount of $4,293. GAOGCIPRWiCases\TUMLIN2008-030808\Finn] Version.doc 9 Nov 3 2009 3:31 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 14/39 55. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the Don King’s Concrete invoice by Youtting and pasting” false acopea and amounts of work on te an exiating Don King’s Conerete letterhead, 56. Txue and correct copies of the fabricated Bon King’s Concrete invoice is attached as Exhibit “H”", 57. Melodie 7. Yahn, empleyee / supervisor and duly authorized representative of Don King’s Concrete confirmed that her office had “no +eference of a change order for $4,293 in our files" and that she could only locate two change orders totaling $430 and $3,900 (mote; a second fabricated Don King’s Concrete change order ig diseuszed and charged below in the amount of $2,583), Melodie J Yahn alao verified that Respondent had submitted altered change orders in other projects that Don King’s Concrete had worked for Respondent. A true and correct copy of a Sworn Statement made by Melodie J. Yahn's to an investigative officer employed by Petitioner is attached ag Exhibit “I”. 5B. On or about September 25, 2006, Respondent submitted a fraudulent application and certification for payment, {*Pay App. 3°), of $148,840.20, to Complainant, which included the amount of the fabricated Don King’s Concrete invoice. 59. Ineluded with Pay App. 3 was a fraudulent waiver and GAOGC\PRW\Casea\TUMLIN2008-030808\Final Version.doc 10 Nov 3 2009 3:31 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 15/39 release of lien signed by Respondent. Txue and correct copiea of the fraudulent Pay App. 3 aa well.as the fraudulent waiver and release of lien are attached collectively as Exhibit "J". 60, pon reliance of the fabricated Don King’s Concrete invoice and corresponding CO 3 as well as the fraudulent Pay App. 3 and corresponding waiver and release of lien, Complainant was induced to pay Pay App. 7 in full. COUNT ELEVEN 61. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and fifty-three through sixty as though fully set forth herein. 62. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting, COUNT THELVE 63. Petitioner re-alleges and incorporates the allegations set forth in paragraphs oné through thirteen and fifty-three through sixty as though fully set forth herein. 64. Based on the foregoing, Respondent violated Section 489.129(1) (kh), Florida Statutes, by signing a statement with respect ta a4 project or contract falsely indicating that the work js bonded; faleely indicating that payment has been made for all subcontracted work, labor and Materials which results in a financial loss to the owner, purchaser or contractor; oF GAOGCIPRW\Cases\TUMLIN(2008-030808\Final Version.dac it Nov 3 2009 3:31 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 16/39 falsely indicating that worker’s compensation and publica liability insurance are provided. COUNT. THIRTEEN 65, Petitioner re-alleged and incorporates the allegations set forth in paragraphs one through thirteen and fifty-three through aixty ag though fully set forth herein. 66, Section 455.227(1) (a), Florida Statutes, prohibita making migleading, deceptive or fraudulent representations in or related to the practice of contracting. 67. Based on the foregoing, Respondent violated Section 489.129(1) (ca), Florida Statutes, by violating Section 455.227(1) (a), Plorida Statutes. COUNT FOURTEEN 68. Petitionex re-allegea and incorporates the allegations set forth in paragraphe one through thirteen and fifty-three through aixty ae though fully set forth herein. 69. Section 455.227(1) (m), Florida Statutes, prohibita making deceptive, untrue or fraudulent representations in oF related to the practice of contracting or employing a trick or scheme in or related to the practice of contracting. 70. Based on the foregoing, Respondent . violated Section 489.129 (1) {c), Florida Statutes, by violating Section 465.227(1) (m), Florida Statutes. GAOGC\PRW\Cases\TUMLIN(2008-030808\F inal Version.doe 12 Nov 3 2009 3:31 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 17/39 COUNT FIFTEEN 71. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and fifty-three through sixty as though fully set forth herein. 72, Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or Miamanagement in the practice of contracting. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 4, (CORNERSTONES SITEWORK) 73, On er about September 14, 2006, Reapondent submitted to Complainant, change order 4, (sco 4"), an the amount of Sl,1l1il. A true and correct copy of CO 4 is attached ag Exhibit “EK”. j4. CO 4 ineluded a cost allegedly from sub- contractor Cornerstone Sitework in the amount of §1,111. 78. Sub-contractor Cornerstone Sitework’s invoice for the scope of work wags for $500. A true and qorrect copy of the Cornerstone Sitework invoice is attached as Exhibit "7, 76. Respondent fraudulently fabricated ox altered, or in the alternative Respondent ordered ox directed employees of Gsc to fabricate or alter CO 4 by inflating the amount of the actual invoice from sub-contractor Corneratone Sitework in the amount of $500 to $1,100. 77. On or about January 1, 2007, Respondent submitted a GHOGCIPRW'Cases\TUMLIN(2008-030808\Fine] Version.doc 13 Nov 3 2009 8:32 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 18/39 fraudulent application and certification for payment, (“Pay App. 7), of $68,975.50, to Complainant, which included the amount of the inflated Cornerstone Sitework, 78. Included with Pay App. 7 was a fraudulent waiver and release of lien signed by Respondent. True and correct copies of the fraudulent Pay App. 7 as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “bp”. 79, Upon reliance of the inflated Cornerstone Sitework invoice and corresponding CO 4 as well as the fraudulent Pay ape. 7 and corresponding waiver and release of lien, Complainant was induced te pay Pay App. 7 in full. COUNT SIXTEEN a0. Petitioner re-alleges and incorporates the allegations get forth in pacagraphe one through thirteen and seventy-three through seventy-nine as though fully set forth herein. a1. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting. COUNT SEVENTEEN 82. Petitioner re-allegea and incorporates the allegations get forth in paragraphs one through thirteen and seventy-three through seventy-nine as though fully set forth herein. a2. Baged on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with GAOGCAPRW\Cases\TUMILIN2008-030808\Final Version.doc 14 Nov 3 2009 8:32 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 19/39 respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which reaults in a financial logs to the owner, purchaser or contractor; or falsely indicating that ‘worker's compensation and public liability insurance are provided. COUNT EIGHTEEN 84, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and seventy-three through seventy-nine as though fully set forth herein. 85, Section 455.227(1) (a), Florida Statutes, prohibits making migleading, deceptive or fraudulent representations in or related to the practice of contracting. 86. Based on the foregoing, Respondent violated Section 489.129 (1) (eo), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes. COUNT NINETEEN 87. Petitioner re-alleges and incorporates the allegations get forth in paragraphe one through thirteen and seventy-three through seventy-nine aa though fully set forth herein. 88. Section 4595.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or Eraudulent Yepresentationa in or related to the practice of contracting or employing a trick or gcheme in or related to the practice of contracting. GAOGC\PRW\Cases\TUMLIN\2008-03 0802\Final Version.doc 15 Nov 3 2009 8:32 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 28/39 89, Based on the foregoing, Respondent violated Section 499,129(1) {a}, Florida Statutes, by violating Section 455,227(1) (m), Florida Statutes. COUNT TWENTY 90. Petitioner re-alleges and incorporates the allegations get forth in paragraphs one through thirteen and seventy-three through seventy-nine as though fully get forth herein. 91, Baged on the foregoing, Reapondent violated Section 469,129(1) (m), Florida Statutes, by committing incompetence or Migmanagement in the practice of contracting. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 21, (DON KING’S CONCRETE) 92. On ox about September 21, 2006, Respondent aubmitted to Complainant, change order 21, ("CO 21"), in the amount of $2,583. A true and correct copy of CO 21 ta attached ae Bxbibit “M" 93. CO 21 invoiced for work performed by sub-contractor Don King’s Conerete. 94. CO 21 contained no supporting back up documentation from Don King’s Concrete, 95, Meledie g. Yahn, employes / supervisor and duly authorized representative of Don King's Concrete confirmed that she could only find two change orders in her files totaling $430 and $3,900 (mote: a second fabricated Don King’s Concrete change GAOGC\PRWiCases\TUMLIN\2008-030808\Final Version.doc 16 Nov 3 2009 8:32 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 21/39 order ja digcusyed and charged above in the amount of $4,293). Melodie J Yahn also verified that Respondent had submitted altered change orderg in other projects that Don King’s Concrete had worked for Respondent. A true and correct copy of a Sworn Statement made by Melodie J. Yahn’s to an investigative officer employed by Petitioner is attached aa Exhibit “I”. 96. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the scope and amount of work included with co 21. 97. On or about January 1, 2007, Reapondent submitted a Exaudulent application and certification for payment, ("Pay App. 7"), of $68,975.50, to Complainant, which included the amount of the fabricated Don King’s Concrete scope and amount of work, 98. Included with Pay App. 7 was a fraudulent waivex and release of lien signed by Respondent. True and correct copies of the fraudulent Pay App. 7 as well aa the fraudulent waiver and yelease of lien are attached collectively as Exhibit “D”. 99, Upon reliance of the fraudulent CO 21 aa well as the fraudulent Pay App. 7 and corresponding waiver and release of lien, Complainant was induced to pay Pay App. 7 in full. COUNT TWENTY-ONE 100, ‘Petitioner ve-alleges and incorporates the allegationa get forth in paragraphs one through thirteen and ninety-two GAOGCNPRW\Cases\TUMLIN\2008-030808\Final Verdion.doc 17 Nov 3 2009 8:33 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 22/39 through ninety-nine as though fully set forth herein. 101. Based on the foregoing, Respondent violated Section 489,129(1) (1), Florida Statutes, by committing fraud and deceit jm the practice of contracting. COUNT TWENTY-TWO 102. Fetitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and ninety-two through ninety-nine as though fully set forth herein. 103, Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect fo a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materiale which results in a financial loss to the owner, purchaser or contyactor; or falsely indicating that worker's compensation and public liability insurance are provided. COUNT TWENTY-THREE 104, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and ninety-two through ninety-nine as though fully set forth herein. 10S. Section 455.227(1) (a), Florida Statutes, prohibits making migleading, deceptive or fraudulent representations in or related to the practice of contracting. 106. Based on the foregoing, Respondent violated Section GAOGCPRW\Cases\TUMLIN12008-030808\Final Version.doc 18 Nov 3 2009 8:33 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 23/39 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes. COUNT TWENTY-FOUR 107. Petitioner re-alleges and incorporates thé allegationa set forth in paragraphs one through thirteen and ninety-two through ninety-nine ag though fully set forth herein. 108, Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent xepresentationg in or related to the practice of ¢ontracting or employing a trick or scheme in or related to the practice of contracting. 109, Based on the foregoing, Respondent viclated Seation 489.129(1) (e), Florida Statutes, by violating Section 455.227(1) (m), Plorida Statutes. COUNT TWENTY-FIVE 110. Petitioner re-alleges and incorporates the allegations get forth in paragraphs one through thirteen and ninety-two through ninety-nine as though fully set forth herein. 4il. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY CONSOLIDATED ELECTRICAL 112. On or about January 1, 2007, Respondent submitted Pay Application No. 7, ("Pay App. 7°), vequesting payment of $68,975.50. A true and correct copy of Pay App. 7 ia attached as GAOCHCAPRW\Cases\TUMLIN(2008-030808\Final Version.doc ; 19 Nov 3 2009 8:33 11/@2/2689 83:13 8584146749 DEPR OGA PAGE 24/39 composite Exhibit "D”. 113. As evidenced by line item 30 of Original Contract Page 2.1, which is included with Pay App. 7, as of or before January 1, 2007, 100% of the “electrical” scope of work had been paid to Respondent by Complainant, A true and correct copy of Original Contract Page 2.1 ig attached as page 2 of compoaite Exhibit “DY, 114. Although Respondent was paid 100% of the “electrical” cope of work, Respondent failed to in turn pay supplier Consolidated Electrical Distributors, Inc. 115. Asa a result of the non-payment, on or about March 5, 2007, Consolidated Electrical filed a claim of lien in the amount of $7,171.29, against Complainant's property. A true and derrect copy of the claim of lien is attached as composite Exhibit “N”. 116, Complainant satisfied the Consolidated Electrical claim of lien, thereby paying twice for the same work. A true and correct copy of the satisfaction of claim of lien as composite Exhibit "N”. COUNT TWENTY-SIX 417. Patitioner re-allegea and incorporates the allegationa set forth in paragraphe one through thirteen and one hundred twelve through one hundred aixteen as though fully get forth herein. GAOGCIPRW\Casea\TUMLIN2008-030808\Final Version.doc 20 Nov 3 2009 8:33 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 25/39 118. Based upon the foregoing, Respondent violated Section 489,129(1) (g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causea financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded againet the property of a contractor’ s customer for supplies or services ordered by the contractor for the custeomer’s job; the contractor haa recelved funds from the custemer to pay for the supplies or gervices; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 daya after the date of such liens. COUNT TWENTY-SEVEN 119. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred twelve through one hundred sixteen as though fully set forth herein. 120. Based on the foregoing, Respondent violated Section 489.129(1)(g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that caugea financial harm to ai customer. Financial mismanagement or miaconduct eceurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the jokh completed as a result of the contractor's mismanagement or misconduct in contracting. GAOGCIPR WiCases\TUMLIN\2008-030808\Final Version.doc a1 Nov 3 2009 8:33 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 26/39 COUNT TWENTY-EIGHT 121. Petitioner re-alleges and incorporates the allegations get forth in paragraphs one through thirteen and one hundred twelve through one hundred aixteen as though fully set forth herein. 122, Based on the foregoing, Respondent violated Section 489.129(1L) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY GJV BLECTRIC 123, Om or about January 1, 2007, Respondent submitted Pay Application Wo. 7, (“Pay App. 77), vequesting payment of $69,975.50. A true and correct copy of Pay App. 7 ia attached as composite Exhibit “D". 124, As evidenced by line item 30 of Original Contract Page 2.1, which is included with Pay App. Ne. 7, as of ox before January 1, 2007, 100% of the “electrical” scope of work had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 ig attached as page 2 of composite Exhibit “D". 125. Although Respondent wae paid 100% of the ‘electrical’ scope of work, Respondent failed to in turn pay sub-contractor GoV Electric, Inc. 1396. A# a result of the non-payment, on ox about March 5, 2007, GaV Blectric filed a claim of lien in the amount of GAOGOPRW\Cages\TUMLIN2008-030808\Final Version.doc 22 Nov 3 2009 3:34 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 27/39 $73,990.40, against ‘Complainant’ s property. A true and correct copy of the claim of lien is attached as composite Exhibit *O”, 127. Complainant satisfied the GOV Electric claim of lien, thereby paying twice for the same work. A true and correct copy of the satisfaction of claim of Lien as composite Exhibit “o”. COUNT TWENTY-NINE 128. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred twenty-three through one hundred twenty-seven as though fully set forth herein. 129, Based upon 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. Finaneial 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 for 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, by payment or by bond, within 75 daye after the date of such liene. COUNT _THIRTY 130. Petitioner re-alleges and incoxporates the allegations get forth in paragraphs one through thirteen and one hundred GAOGCIPRWiCasea\TUMLIN2008-.030808\Final Version.doc 23 Nov 3 2009 3:34 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 28/39 twenty-three through one hundred twenty-seven as though fully set forth herein. 131. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing miamanagement or misconduct in the practice of contracting that causes financial harm to a qustomer. Financial mismanagement or misconduct eccurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the joh completed as a result of the contractor's mismanagement or misconduct in contracting. COUNT _THIRTY-ONE 132. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred twenty-three through one hundred twenty-seven as though fully get Forth herein, 133. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY CORNERSTONE 134. On or about January 1, 2007, Respondent submitted Pay Application No. 7, ("Pay App. 77), requesting payment of $68,975.50. A true and correct copy of Pay App. 7 ia attached ag composite Exhibit “D" 135. As evidenced by line items 4 and 5 of Original GAOGC\PR'W\Cases\TUMLIN\2008-030808\Fimal Version.doc 24 Nov 3 2009 3:34 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 29/39 Contract Page 2.1, which ia included with Pay App. 7, as of or before January 1, 2007, 100% of the “earthwork and utilities” acepe of work had been paid to Respondent by Complainant. A true and derrect copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit “Nn”. . 136. Although Respondent wae paid 100% of the “earthwork and utilities” scope of work, Respondent failed to in turn pay sub-contractor Cornerstone Sitework and Development, LLC. 137. As a result of the non-payment, on or about April 26, 2007, Cornerstone Sitewwork filed a claim of lien in the amount of $59,896.23, againat Complainant’s property. A true and eorrect copy of the claim of lien is attached as composite Exhibit “FP”. 138. Complainant satisfied the Cornerstone Sitewwork claim ef lien, thereby paying twice for the same work. A true and cotreat copy of the satisfaction ef claim of lien as dompoaite Exhibit “Pp”. COUNT THIRTY-TWO 129. Petitioner re-alleges and incorporates the allegations set forth in paragrapha one through thirteen and one hundred thirty-four through ene hundred thirty-eight as though fully aet forth herein. 140. Based upon the foregoing, Respondent violated Section 489,129(1) (g)1, Florida Statutes, by committing mismanagement or GAOGCIPRW'Cases\TUMLIN2008-030808\Final, Version.dac 25 Nov 3 2009 3:34 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 38/39 misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct eceura when valid liens have been recorded againgt the property of a contractor’s customer for supplies ox services ordered by the contractor for the cugstomer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the ¢ontractor hag not had the liens removed from the property, by payment or by bond, within 75 daya after the date of such liens. COUNT_THIRTY - THREE 141. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred thirty-four threugh one hundred thirty-eight as though fully set forth herein. 142. Based on the foregoing, Respondent violated Section 489,229{(1) (q)3, Plorida Statutes, by committing miamanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct ecdurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the ‘job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT THIRTY-FOUR 143. Petitioner re-alleges and incorporates the allegations GAOGC\PRWiCases\TUMLIN2008-03 0808 Final Version. doc 26 Nov 3 2009 $:35 11/@2/2689 83:13 8584146749 DEPR OGA PAGE 31/39 set forth in paragraphs one through thirteen and one hundred thirty-four through one hundred thirty-eight as though fully eet forth herein. . 144. Based on the foregoing, Respondent violated Section 485,125(1) (m), Florida Statutes, by committing incompetence or Mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY MILESTONE MRCHANTCAL 145. On or about January 1, 2007, Respondent submitted Pay Application No. 7, ("Fay App. 7"), requesting payment of $68,975.50, A true and correct copy’ of Pay App. 7 is attached as compogite Exhibit ‘“D* 146. As evidenced by line item 28 of Original Contract Page 4.1, which ia included with Pay App. 7, aa of or before January 1, 2067, 100% of the “HVAC” acope of work had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit “Dr, 147, Although Respondent was paid 100% of the “HVAC” scope of work, Respondent failed to in turn pay sub-contractor Milestone Mechanical, Inc. 148. As a result of the non-payment, on or about May 17, 2007, Mileston® Mechanical filed a claim of lien in the amount of $10,360.00, against Complainant's property. A true and correct copy of the elaim of lien ia attached as composite GAOGCIPRW\Cases\TUMLIN2008-030808\Final Version.doc 27 Nov 3 2009 $:35 11/@2/2689 83:13 8584146749 DEPR OGA PAGE 92/39 Exhibit “9. 149, Complainant satisfied the Milestone Mechanical claim of lien, thereby paying twice for the same work. A true and Correct copy of the satisfaction of claim of lien as composite Exhibit ™Q”. COUNT THIRTY-FIVE 150, Petitioner re-alleges and incorporates the allegations set forth in paragrapha one through thirteen and one hundred forty-five through one hundred forty-nine eas though fully get forth herein, 151. Baged upon 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 vecelved funde from the customer to pay for the supplies or Services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of euch liens. COUNT THIRTY-SIX 15a. Petitioner re-alleges and incerporates the allegations set forth in paragraphe one through thirteen and one hundred GAOGCIPRW\Cases\TUMLIN2008-030808\Final Version.doc 28 Nov 3 2009 $:35 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 33/39 forty-five through one hundred forty-nine as though fully set forth herein. 153. Based on the foregoing, Respondent violated Section 489.129(1)(g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that dauses financial harm to a customer. Financial miamanagement or misconduct occurs when the job is completed but when the consumer ia required to pay ore than the original price of the contract ta have the job completed as a result of the contractor's Mismanagement or misconduct in contracting, COUNT THIRTY - SEVEN 154. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred forty-five through one hundred forty-nine as though fully set forth herein. 155. Based on the foregoing, Respondent violated Section 489,.129(1) (m), Florida Statutes, by committing incompetence or Miemanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY WORLD ELECTRIC SUPPLY 156. On or about January 1, 2007, Respondent submitted Pay Application No. 7, ("Pay App. 7°), requesting payment of $68,975.50. A true and correct copy of Pay App. 7 is attached aa composite Exhibit “Db”. GAOGCPR WiCases\TUMLIN(2008-03 0808 inal Version.doc 29 Nov 3 2009 $:35 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 34/39 157. As evidenced by line item 30 of Original Contract Page 2,1, which is included with Pay App. No. 7, as of or before January 1, 2007, 100% of the “electrical” scope of work had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2,1 is attached as page’ 2 of composite Exhibit “bp”. 158. Although Respondent was paid 100% of the “electrical” scope of work, Respondent failed to in turn Pay supplier World Electric Supply, Ine. 159. As a reault of the non-payment, on or about March 7, 2607, World Electric Supply filed a claim of lien in the amount of $19,362.68, against Complainant’s property. A true and correct copy cf the claim of lien is attached as composite Exhibit "RR. 160. Complainant aatisfied the World Electric Supply claim of lien, thereby paying twice for the same work, A true and correct Gopy of the satisfaction of claim of lien as composite Exhibit “rR”, COUNT THIRTY-EIGHT 161, Petitioner re-alleges and incorporates the allegations set forth in paragrapha one through thirteen and one hundred fifty-six through one hundred sixty as though fully set forth herein. 162. Based upon the foregoing, Respondent violated Section GAOGOPR WiCases\TUMLIN2008-030808\Final Version.dac 30 Nov 3 2009 $:35 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 35/39 489.129(1){g)1, Florida Statutes, by committing mismanagement or Misconduct in the practice of contracting that causes financial harm to ai odustomer, Financial mismanagement or misconduct eccura when valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer’s job; the contractor hag received funds f£rom the customer to pay for the supplies or services; and the contractor has not had the diene removed fram the property, by payment or hy bond, within 75 days after the date of such liens. COUNT THIRTY-NINE 163. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred fifty-six through one hundred sixty aa though fully set forth herein. 164. Based on the foregoing, Respondent violated section 489,129(1)(g)3, Florida Statutes, by committing mismanagement or Misconduct in the practice of contracting that causes financial harm to ai customer, Financial mismanagement or misconduct occurs when the job is completed but when the consumer te required to pay more than the original price of the contract to have the job completed ag a result of the contractor's mismanagement or misconduct in contracting. GAOGOPRW Cases \TUMLIN2008-030808\Final Version.doc 31 Nov 3 2009 $:36 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 36/39 COUNT. FORTY 165. Petitioner re-alleges and incorporates the allegationa set forth in paragraphs one through thirteen and one hundred fifty-six through one hundred sixty as though fully set forth herein. 166. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY AUER & KING 167, On or about January 1, 2007, Respondent submitted Pay Application No. 7, (“Fay App. 7”), requesting payment of $68,975,50. A true and correct copy of Pay App. 7 is attached aa composite Exhibit “Dr. 168, As evidenced by line item 23 of Original Contract Page 2.1, which is in¢dluded with Pay App. No. 7, as of or hefore January 1, 2007, 100% of the “drywall” scope of work had been paid to Respondent by Complainant. A txue and correct copy of Original Contract Page 2.1 ig attached ag page 2 of composite Exhibit “D", 169, Although Respondent wag paid 100% of the “drywall? scope of work, Respondent failed te in turn pay supplier / material man Auer & King, Inc. 170. As a result of the non-payment, on or about March 13, 2007, Auer & King filed a claim of lien in the amount of $3,849, GAOGC\PRW\Cases\TUMLIN\2008-030808\Final Version.dac 32 Nov 3 2009 $:36 11/@2/2689 83:13 8584146749 DEPR OGA PAGE 37/39 against Complainant’s property. A true and correct copy of the claim of lien ig attached ag composite Exhibit xg”, 171, Complainant satisfied the Auer «& King claim of lien, thereby paying twice for the same work. A true and correct copy of the satisfaction of claim of lien as composite Exhibit ug, COUNT FORTY - ONE 172. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen and one hundred aixty-seven through one hundred seventy-one as though fully set ‘forth herein, 173. Based upon the foregoing, Respondent violated Section 489.125(1) (g)1, Florida Statutes, by committing mismanagement or misconduct in the practice ef contracting that causes financial. harm to ai customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor's austomer for supplies ox services ordered by the contractor for the customer's job; the centracter has received Funda frem the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT FORTY-TWO 174, Petitioner re-alleges and incorporates the allegations set forth in paragrapha one through thirteen and one hundred GAOGC\PRWiCases\TUMLIN\2008-030808\F nal Version.doc 33 Nov 3 2009 $:36 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 38/39 sixty-seven through one hundred Seventy-one as though fully set forth herein, 175. Baged on the foregoing, Respondent violated Section 4859.125{1)(g)3, 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 the‘ job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a reault of the contractor’s mismanagement or misconduct in contracting, COUNT _FORTY-THREE 176. Petitioner re-alleges and incorporates the allegationa set forth in paragraphs one through thirteen and one hundred sixty-seven through one hundred seventy-one as though fully get foxth herein. 177. 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 requesta 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 of registration, require financial reatitution te a consumer, ittpose an administrative fine not to GAOGCIPR Wi Cases\TUMLIN(2008-030808\Final Version, doc 4 Nov 3 2009 $:36 1l/a2/28e9 83:13 8584146749 DEPR OGA PAGE 39/39 exceed §10,000.00 per violation, require continuing education, agsess Costa associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorised to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this \\tin day of , 2009, CHARLES W. DRAGO, Secretary Department of Buginesa and Professional Regulation Pafl Richard Watera, Beg, Assistant General Counsel Fl. Bar Ne, 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 BCP Date: FCP Members: GAOGCIPRW\Cases\TUMLING2008-030808\Final Version.dac 35

Docket for Case No: 09-006015