@l/11/2818 Jan 11 2010 9:17 PAGE 83/11 Deputy Agency Clerk CLERK Brandon Michols Date 10/20/2003 14:69 8589219186 DEPR File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2009-007992 ROBERT BRUMLEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT BRUMLEY ("Respondent") and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant te Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material, a certified roofing contractor (license number ccc 057960) im the State of Florida. ‘The license is currently in “probation, active” status. 3. Respondent's address of record is 1243 $.W, Squire Johns Lane, Palm City, Florida 24990. @l/11/2818 Jan 11 2010 «9:18 18:89 8589219186 DEPR 4. At all times material, Respondent was the licensed primary qualifying agent for R.B. Roofing, Inc. (*R.E. Roofing”). 5. At all times material, R.B. Roofing possessed a qualified business license (license number OB 14810) also known as a certificate of authority. The license expired on August 31, 2007 and is in “delinquent, active” status. 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, both for the organization in general and for each specific job. 7. In or about March 2006, Respondent, doing business as R.B. Roofing, entered inte a contract with Carole and Gary Norton (“Norton”) to re+roof Norton's residence located at 1856 N.W. 4th Avenue, Plantation, Florida. 8. The contract price for the project was $24,800.00. 9. on ox about November March 18, 2006, Norton paid Respondent $8,200.00, or approximately thirty three percent (33%) of the contract price. 2009AC-Brumlcy-2009-007992(126,0,m).doe 2 PAGE @4/11 @l/11/2818 Jan 11 2010 «9:18 18:89 8589219186 DEPR 10. Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $8,200.00, or approximately thirty three percent (33%) of the contract price. 1. On or about June 28, 2006, Respondent applied for a building permit with the local building department. 2. On or about July 12, 2006, the local building department approved and issued a building permit to Respondent . 3. In or about August 2006, Respondent commenced work on the project. 14. Respondent completed work on the project without receiving the required permit inspections for the project from the local building department. 15. At this time, Norten had paid $21,146.98 toward the contract price for the project. COUNT I 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Seetion 489.119(2)(d), Florida Statutes, states that a certificate of authority must be renewed every 2 years, 18. Based on the foregoing, Respondent violated 2009AC-Brumley-2009-007992(126,0,m),doc 3 PAGE 5/11 61/11/2818 where the work doss not require a permit under the Jan 11 2010 «9:18 18:89 8589219186 DEPR 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 thea board, by having violated section 489.119(2) (d), Florida Statutes by failing to renew the certificate of authority for R.B. Roofing. COUNT IT 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one throygh fifteen as though fully set forth herein. 20. Section 489.126, Florida Statutes,. provides that @ contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the payment is made, axcept applicable codes and ordinances unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits. 21. 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, by having violated Section 2009AC-Brumley-2009-007992(126,0,m).dloc 4 PAGE 86/11 Jan 11 2010 «9:18 1/11/2616 16:69 8589219186 DEPR PAGE 7/11 489.126, Florida Statutes. COUNT IIT 22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1) (0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. count IV 24, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 25. Rule 61G64-17.001 (m) 2, Florida Administrative Code, provides that misconduct or incompetency in the practice of contracting, shall include but is not Limited to violation of any provision of Chapter 61G4, F.A.C., or Chapter 489, Part I., F.8. 26. Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 6164-17.001(m)2, RVA.C, 2009AC-Brumley-2009-007992(126,0,im).doc 5 61/11/2818 Jan 11 2010 «9:18 18:89 8589219186 DEPR 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 of ragistration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs 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 authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this 29° day of September, 2009 CHARLES W. DRAGO, Secretary Department of Business and Professional Requlation By: _ B, Coats Brian Patrick Coats Assistant General Counsel Florida Bar No. 0829811 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, &t. 42 Tallahassee, Fl 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found 09/29/09 Members: Flaherty/Lenois 2009AC-Brumley-2009-007992(1.26,0,m).doc 6 PAGE ge/11 @l/11/2818 Jan 11 2010 «9:19 18:89 8589219186 DEPR NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120,569 amd 120,57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum 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 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 oh 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. 2009AC-Brumley-2009-007992(126,0,m).doc 7 PAGE 9/11

Docket for Case No: 10-000063PL