May 28 2010 8:52 5/28/2616 88:42 8589219186 DEPR PAGE 83/15 FILED Papartment of Busiritts and Professional Regulation Deputy Ageney Clerk CLERK Branden Nighols Dee 11/16/2009 Fite # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No, 2009-019143 JAMES MARTIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") , files this Administrative Complaint before the Construction Industry Licensing Board, against JAMES MARTIN ("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, a certified general contractor (License number Cec 49891) in the State of Florida. 3. From July 5, 2005 to May 30, 2008, Respondent's license (license number CGC 49891) was in suspended status. 4. Respondent’s address of record is 3125 N.W. 25th May 28 2010 8:52 B5/ 28/2818 8a:42 8589219186 DEPR PAGE @4/15 Avenue, Pompano Beach, Florida 33069, 5. At all times material, Respondent was the licensed primary qualifying agent for Indian River Homes. 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. Section 489.105(3), Florida Statutes, defines a contractor as a: [p]lerson who, for compensation, undertakes to, sybmits a bid to, or dees himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection. 8. Section 489.105(6), Florida Statutes, provides that "the attempted sale of contracting services and the negotiation or bid for a contract on these gervices also constitutes contracting. If the services offered require licensure ox agent qualification, the offering, negotiation May 28 2010 8:52 B5/ 28/2818 8a:42 8589219186 DEPR PAGE 5/15 for a bid, or attempted sale of these services requires the corresponding licensure.” 9, On or about February 1, 2006, Respondent, doing business as Indian River Cabinets, entered into a contract with Harvey and Barbara Jacobson (“Jacobson”) to supply and install kitchen cabinets at Jacobson’s residence located at 8710 N.W. 56th Street, Coral Springs, Florida. i0. The contract price for the project was $41,500.50. 11. The contract failed to ‘contain Respondent's license number as required by Section 489.119(6) (b), Florida Statutes. 12. The contract failed to contain a written statement explaining the homeowner's rights under the Florida Homeowners’ Construction Recovery Fund as required by Section 489.1425(1), Florida Statutes. 13. The scope of work under the contract required a building permit from the local building department. 14, On or about February 2, 2008, Jacobson paid Respondent $20,750.00, or approximately fifty percent (50%) of the contract price. 15. Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $20,750.00, or approximately May 28 2010 3:53 B5/ 28/2818 8a:42 8589219186 DEPR PAGE 6/15 fifty percent (50%) of the contract price. COUNT I 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Section 489.119(6) (b), Florida Statutes, provides in part that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by the contractor in the practice of contracting. 18. 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 this part or violating a rule or lawful order of the board, by having orida Statutes. my violated section 489.119(6) (b), COUNT I 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 20. Section 489.1425(1), Florida Statutes, states that any agxyeement or contract for repair, restoration, improvement orf construction te residential real property must contain a written statement explaining the consumer’s May 28 2010 3:53 B5/ 28/2818 8a:42 8589219186 DEPR PAGE @7/15 rights under the Construction Industries Recovery fund, except where the value of all labor and materials does not exceed $2,500.00. 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 this part er violating a rule or lawful order of the board, by having violated Section 489.1425(1), Florida Statutes. COUNT III 22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fylly set forth herein. 23. Section 489.126, Florida Statutes, provides that a 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, except where the work does not require a4 permit under the applicable codes and ordinances unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits. 24, Based on the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing in any May 28 2010 3:53 G5/ 28/2018 88:42 8589219186 DEPR PAGE 88/15 material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by having violated Section 489.126, Florida Statutes. COUNT IV 25. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein, 26. Section 489.127(1) (e), Florida Statutes, provides that no person shall use or attempt to use a certificate, registration, or certificate of authority which has been suspended or revoked. 27. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 499, Part I, Florida Statutes, by having violated Section 489.127(1) (e), Florida Statutes. COUNT V 28. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 29. Based on the foregoing, Respondent violated Section 489.129(1)(f), Florida Statutes, by acting in the capacity of a contractor under any certificate or kegistration issued hereunder except in the name of the May 28 2010 3:53 B5/ 28/2818 8a:42 8589219186 DEPR PAGE 89/15 certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in part. COUNT VI 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 31. Rule 61G4-17.001(1) (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 6164, F.A.C., or Chapter 489, Part I., F.S. 32. 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 (1) (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, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, May 28 2010 3:53 5/28/2616 88:42 8589219186 DEPR PAGE 16/15 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 27 day of October, 2009 CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: @, 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, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (830) 921-9186 Facsimile PC Found: 10/27/09 Members: Bonuso/Del Vecchio May 28 2010 3:54 B5/ 28/2818 8a:42 8589219186 DEPR PAGE 11/15 NOTICE OF RIGHTS Respondent has the right 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 eross-eéMamine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 26-106.111, 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 to any other discipline imposed.

Docket for Case No: 10-002923PL