STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONS I AND ITI DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case Nos. 2006-055675: THEODORE MICHAEL WASHINGTON, D/B/A RHINO CONSTRUCTION ENGINEERING, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against THEODORE MICHAEL WASHINGTON ("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. Respondent is, and has been at, all times material hereto, a Certified Residential Contractor, in the State of Florida, having been issued license number CG C47534 and a Certified Roofing Contracter, in the State of Florida, having been issued license number CC C57749, both of which are current and active. 3. Respondent's address of record is 107 EL Rey Road, GAOGC\prendleman\ACs\Washington.doc 1 BA/ER Fad dad 98TbTcbese ET:ST Tae /Té/ Ta ce:vl ode Te Yer Unit 4B, Orlando, Florida. 4, At all times material hereto, Respondent was the primary qualifying agent for Rhino Construction Engineering, Inc. (“Rhino”), which has a currently null and void certificate of authority, OB number 13256, 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 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. 6. On. or about November 12, 2005, Harold T. Walker (“Complainant”) entered into a contract with Respondent on behalf of Rhino for the construction of an unattached two-car garage on his residential property located at 3501 North Powers Drive, Orlando, Florida. 7. The contracted price for the construction was $35,000.00, of which amount Respondent and/or Rhino accepted approximately $18,000.00. 8. Respondent obtained a roofing permit for the work in question, but no structural building permit was obtained. 9. Respondent cut some trees from the project site, but. never commenced structural work. 10. Respondent ceased work on or about July 13, 2006, at GAOGC\prendleman\ACs\Wushington.doc 2 Ba/Pa SSK dad 98TbTcbese ET:ST Tae /Té/ Ta ce:Pl ode Te ver which time Respondent abandoned the project by failing to perform work without just cause for 90 consecutive days ll. At the time Respondent abandoned the project, the percentage of completion was less than the percentage of the tetal contract price paid by Complainant at the time of abandonment. 12. To date, Respondent has failed to provide any amount of restitution to Complainant. 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) (da), Plorida Statutes, states that a certificate of authority must be renewed every 2 years. If theré is 4a changé in any information on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the department. 15. Based on the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes, by failing in any material respect to comply with theé.provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119(2) (d), Florida Statutes, GAOGC\prendieman\aCs\Washington.doc 3 66/S@ 35d add 98T6Té6e98 ET?ST G@tée/Te/Ta ce:vl ode Te Yer COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs oné through twelvé as though fully set forth herein. | 17. Based on the foregoing, Respondent violated section 489.129(1) (3), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. 18, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein, 19. Based upon the foregoing, the Respondent violated Section 489.129(1) (g)2., 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 contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain GAQGC\prendlemun\ACs\Washington.doc 4 BA/98 Spd dad 98TbTcbese ET:ST Tae /Té/ Ta ce:Pl ode Te ver such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. COUNT FOUR 20, Petitioner realleges 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 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 finaneial 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. GAOGC\prendleman\ACs\Washington.doc . 5 Ba/éB Sod dad 98TbTcbese ET+ST &lae/Té/ Ta Seéivl olde Te ver wh Signed this Qu day of , 2008 PC Found: June 24, 2008 Div. £ Wilford & Thorton & Div. HT: Cook & Bailey Kyle David Christopher Assistant General Counsel Florida Bar Ne, 40853 Départment of Business: and Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-220 (850) 488-0062 Telephone (850) 921~9186 Facsimile Depi rit nant af usw 1a85 a id P rotassional Regulation GAOGC\prendieman\4Cs\Washington.doc 6 Ba/88 Sod dad 98TbTcbese ET:ST Tae /Té/ Ta Se:pl olde Te ver

Docket for Case No: 10-000345