Apr 15 2010 16:37 DEPR PAGE 83/88 @4/15/2818 16:28 8589219186 FILED Department of Bunitess and Profersionnt Regul Deputy Agenay Clerk CLERK, Brandon Nichola Date 11/13/2009 Filia 8 STATE OF FLORIDA DEPARTMENT oF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL, REGULATION, Petitioner, v. Case No. 2008-019627 WILLIAM THOMAS PARKER, JR., Réspondent , / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROPESSIONAL REGULATION, ("Petitioner"), £iles this Administrative Complaint before the Construction Industry Licensing Board, against WILLIAM THOMAS PARKER, JR., ("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 General Contractor in the State of Florida, having been issued license number OGC 1504670, which is ina “current, active” Status. 3. At all times material hereto, Respondent was the primary qualifying agent for Parker Custom Building, Ine. 4, At all times material hereto, Parker Custom Building, inc., possessed a qualified business license also known as a Apr 15 2010 16:37 oa PAGE &d @4/15/2616 16:28 8589219186 DEPR certificate of authority, License Number QB 22445, which is in “delinquent” status, 5. Section 489.2195 (1) (a), Plorida Statutes, provides that all primary qualifying agents for a bueiness organization are jointly and equally xesponsible 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 specifie job. 6, The address of record for Respondent is 690 Anderson Court, Satellite Beach, Florida 32937. 7. On or about October la, 2005, Respondent, doing business as Parker Custom Building, Ine., entered into a contract with Walter Johnson, (“Complainant”), for the construction of a house at 2948 Wyndham Way, Melbourne, Florida 32540, 8. The contract amount was $1,399,750.00, eof which Complainant paid $907,807,50, 9. Respondent failed to perform any work on the project for a period greater than ninety (90) days without just cause and without proper notification to Complainant. 10. At the time Respondent ceased work, the project was not complete. 11, Respondent has failed to return fo work on the project er refund any money to Complainant, Apr 15 2010 16:37 -/oe PAGE & @4/15/2616 16:28 8589219186 DEPR COUNT I 12. Petitioner re-alleges and incorporates the allegations set forth in Paragraphs one through i2 as though fully set forth herein, 13. Based on the foregoing, Respondent viclated section 489.129(1) (4), 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 $0 consecutive days. Counr Iz 14. Petitioner re-alleges and ancorporates the allegations set forth in paragraphs one through 12 as though fully set forth herein. 15. Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting ag further defined under Rule 61G4- -17.001(m)2, FLA.C, WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: Place on P¥Yobation, xeprimand the licensee, revoke, suspend, deny the issuance or @4/15/2616 16:28 8589219186 renewal of the Certificate of registration, restitution to a consumer, exceed $10,000.00 per violation, 2010 16:58 R fer 15 PAGE 86/88 DEPI require financial impose an administrative fine not to require continuing education, assess costs associated with the investigation and prosecution, impose any or all 455.227(2), is authorized to imposé pursuant to Chapter 455 and 4a9, penalties Florida Statutes, delineated within Section and/or any other relief the Board Plorida Statutes, and the rules promulgated thereunder. Signed this ZVHM aay of Actedrer. » 2009, By: Pcp Date: \O~Z2 7-24 CHARLES w. DRAGO, Secretary Department of Business and Professional Regulation tH Patel Assistant General Counsel Pl. Bar No, 0056734 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 PCP Members: Pier om (ied Vere Bo f 2010 16:58 Apr 1s PAGE 87/88 DEPR @4/15/2616 16:28 8589219186 NOTICE oF RIGHTS Respondent has the ¥Yight 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 call and Cross-examine witnesses and to have subpoenas and subpoenas duces tecum igsved on his or her béhalf if a hearing is requested, Rule 28-106.111, Florida Administrative Cade, 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 Tequest a hearing on the facts alleged, NOTICE REGARDING ASSESSMENT OF costs Respondent is placed on netice that Petitioner haa 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 ig no Board, May assess Costs related to the investigation and Prosecution of the case excluding costa associated with an attorney's time, against the Respondent in addition to any other discipline imposed,

Docket for Case No: 10-001982PL