@4/2e/2818 1e:46 Apr 20 2010 10:56 DEPR PAGE @4/ae FILED Department of Business and Professional Reecuinth Deputy Agency Clerk, 8589219186 CLERK Brandon Nichals Dates 11/13/2003 Fila STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESTONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION TI DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Vv. Petitioner, Case No. 2008-019627 WILLIAM THOMAS PARKER, dR., Réspondent . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files thie Administrative Complaint before the Construction Industry Licensing Beard, 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, 2. and Chapters 455 and 499, Florida Statutes, Reapondent is, and has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number cac 1504670, which is in a “current, 3. active” status. At all times material hereto, Respondent was the primary qualifying agent for Parker Custom Building, Inc. 4. At all times material hereto, Parker Custom Building, Inc., possessed a qualified business license also known as a Apr 20 2010 10:56 PAGE @5/@8 @4/2e/2818 1e:46 8589219186 DEPR certificate of authority, License Number OB 22445, which is in “delinquent” status. 5. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization aré 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 jab. 6. The address of record for Respondent is 690 Anderson Court, Satellite Beach, Florida 32937. 7. On ox about October 14, 2005, Respondent, doing buginess as Parker Custom Building, Inc., entered into a contract with Walter Johnson, (“Complainant”), for the construction of a house at 2943 Wyndham Way, Melbourne, Florida 32940, 8. The contract amount was $1,399,750.00, of 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 propex notification to Complainant. 10. At the time Respondent ceased work, the project was not compléte, 11. Respondent has failed to return to work on the project or refund any money to Complainant, Apr 20 2010 10:56 PAGE 86/88 @4/2e/2818 1e:46 8589219186 DEPR COUNT I 12, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through 12 as though fully set forth herein. 13. Based on the foregoing, Respondent violated section 489.129(1)(j), 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 fox termination, or fails to perform work without just cause for 30 consecutive days. COUNT IT 14. Petitioner re-alleges and incorporates 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 as further defined under Rule 61G4-17.001(m)2, F.A.c, WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, teprimand the licensee, revoke, suspend, deny the issuance or Apr 20 2010 10:56 a7/ee O4/20/2616 16:46 8589219186 DEPR PAGE renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not te exceed $10,000.00 per violation, vequire continuing education, aS8@€8s 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, Plorida Statutes, and the rules promulgated thereunder. Signed this 27EN aay of Octeder. , 2009, CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Vespa title Pooja”S. Patel Assistant General Counsel Fl. Bar No. 0056734 Department of Business ana Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 PCP Date: \O-Z27-A4 PCP Members: ("eeu seo 7h od Vace Sy iep 7 Apr 20 2010 10:56 PAGE @8/ae @4/2e/2818 1e:46 8589219186 DEPR NOTICE OF RIGHTS Respondent haa the right to request a hearing to be conducted in aceordance with Sectiona 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and arqument, to call and cross-examine witnesses and fo 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 on 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 ta any other discipline imposed.

Docket for Case No: 10-002157PL