Jun 1 2010 13:52 86/81/2818 13:42 985899219186 DEPR PAGE 93/27 FILED Repariment of Dusiness ond Profesional Reputation Daputy Agenoy Clerk CLERK Brandon Mlehols Dets 42/48/2009 Fite #t STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2008-042058 MARK JOHN ORMAN, d/b/a MARK ORMAN CONSTRUCTION, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARK JOHN ORMAN d/b/a MARK ORMAN CONSTRUCTION, (“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, at all times material hereto, was a Certified General Contractor, in the State of Florida, having been issued license number CG C1506674; and was a Certified Roofing Contractor, in the State of Florida, having been issued License number CC €1327051. Jun 1 2010 13:53 6/81/2616 13:42 8589219186 DEPR PAGE 4/27 3. Respondent's last known address of record is 700 Woodling Place, Altamonte Springs, Florida 32701. 4, At all times material hereto, Respondent was doing business as Mark Orman Construction, (’woc”), which has not heen issued Certificate of Authority. 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 March 18, 2005, Respondent entered into an agreement “with Miguel Angel Suarez, d/b/a Master Homes of Central Florida, Corp., to furnish all licenses pertaining to construction contracts that Master Homes enters into and allowing Master Homes to work under the Respondent’s license and under their responsibilities and supervision. 7. Miguel Angel Suarez is not nor has hé ever been a licensed construction contractor in the State of Florida. 8. On or about November 2, 2007 Miguel A. Suarez entered into a contract, (“Contract”), with Marjorie and Donald Buettner, (“Complainants”), to perform remodeling work at the residence located at 8649 Amber Oak Court, Orlande, Florida 32817, (“Project”). Jun 1 2010 13:53 B6/A1/2818 13:42 8589219186 DEPR PAGE 85/27 3. The Contract states that Respondent will be responsible for pulling permits for the job. 10. The total Contract price was $394,200, of which Complainants paid approximately $143,000 to the unlicensed Miguel Angel Suarez d/b/a Master Homes. 11. Subsequent correspondence to the Complainants from the unlicensed Miguel Angel Suarez d/b/a Master Homes list Respondent’s Certified General Contractor’s license number and qualified business name. 12. Respondent assisted Master Homes in engaging in uncertified and unregistered practice of contracting. 13. Respondent knowingly combined with an uncertified person by allowing his certificate to be used by Master Homes. 14. On or about November 1, 2007, Respondent, d/b/a Mark Orman Construction, applied for a building permit from Orange County te perform work under the Contract and on the Project. 15. On or about November 16, 2007, Respondent, d/b/a Mark Orman Construction, filed a Notice of Commancamant to perform the work under the Contract and on the Project. 16. The Project was abandoned prior to its completion. 17. Respondent failed to perform work on the project for a period greater than 90 days. 18. Respondent termimated the work on the project without just cause and without proper notification to the Complainants. Jun 1 2010 13:53 B6/A1/2818 13:42 8589219186 DEPR PAGE 86/27 19, Respondent failed to pay sub-contractors, suppliers and materialmen which resulted in the following claims of lien being filed against Complainant’s teal property: a.) Rinker Materials of Florida, Inc., filed on May 1, 2008, in the amount of $9,501.46. b.) CBS Builders Supply, Inc., filed on May 29, 2008, in the amount of $25,418.26. 20. Respondent failed to return to the Project to complete the work and he failed to refund any monies accepted under the Contract. COUNT ONE 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth herein. 22. Based on the foregoing, Respondent violated Section 489.129(1) (g) (1), 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 valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from Jun 1 2010 13:53 6/81/2616 13:42 8589219186 DEPR PAGE 87/27 the property, by payment or by bond, within 75 days after the date of such liens. COUNT TWO 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth herein. 24. Based on the foregoing, Respondent violated 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 30 consecutive days, COUNT THREE 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth herein. 26. Based on the foregoing, Respondent violated Section 489.129 (1) (g) (2), Florida Statutes, by committing mismanagement or misconduct im 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 Jun 1 2010 13:53 B6/A1/2818 13:42 8589219186 DEPR PAGE 8/27 of the total contract price paid to the contractor as of the time of abandonment, unless tha contractor is entitled to xetain such funds under the terms of the contract or refunds the excess funds within thirty (30) days after the date the job is abandoned. COUNT FOUR 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth herein. 28. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of comtracting, if the cartificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT FIVE 29, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth herein. 30. Based on the foregoing, Respondent violated Section 489.129(1) (a), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his or her certificate, registration, or certificate of Jun 1 2010 13:54 6/81/2616 13:42 8589219186 DEPR PAGE 89/27 authority to be use by the certified or unregistered person with intent to evade the provisions of this part. When a certificateholder or registrant allows his or her certificate or registration to be used by one or more business organizations without having any active participation in the operations, Management, or control of such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this part. COUNT SIX 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth herein. 32, Based on the foregoing, Respondent violated Section 489,129(1) (m), Florida Statutes, by committing incompetence or Misconduct 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 or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties délineated within Section 6/81/2616 13:42 8589219186 455.227 (2), Board is authorized to impose pursuant to Chapters 489, Florida Statutes, Florida Statutes, Jun 1 2010 13:54 DEPR PAGE and/or any other relief that the 435, and/or the rules promulgated thereunder. Signed this 10° day of December, 2009. By: PC found 12/01/2009 Division I: Division II: Watts/Weller CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Paul Richard Waters Paul Richard Waters, Esq. Assistant General Counsel Florida Bar No. 817651 Department of Business and Professional Requlation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile Del Veechio/Sheehan 18/27

Docket for Case No: 10-002989