FILED Cuparanent uf Supiness and Prefecekaial Regulation Daputy Ageney Clerk CLERK Evene | Progtar Cote SM 5/2010 . File # STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v- DBPR Case No. 2009- 015257 CHRISTOPHER JOHN JONES, D/B/A OJC CONSTRUCTION INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint, before Division I of the Construction Industry Licensing Board, against CHRISTOPHER JOHN JONES ("Respondent") d/b/a o7c CONSTRUCTION INC., (*OJC”) and alleges: 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 Building Contractor, in the State of Florida, having been issued license number CBC 1252335, which is current and active. 3. Respondent's addresses of record are PO Box 1878, Document in Unaamed 1 Zlf2@ = Fovd ada 9816 1Z6a58 PH'6G BlaZ/ST ‘EB @ti6 OTOZ ST das Baton Park, Florida 33840 and 8340 Pinecone Dr., Lakeland, Florida 32809. 4. At all times material, Respondent was the primary qualifying agent for OJC, which has a null and void certificate of authority, QB number 35949, 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 January 30, 2008, Osbourne Cornwall (“Complainant”) entered into a Construction Management Agreement with Christopher John Jones (“Respondent”) for the construction of a new residence to be located at 504 Archaic Dr., Winter Haven, Florida 33880. 7. The total amount of the Construction Management Agreement was $10,000.00. a. The Construction Management Agreement 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. 9. During the course of construction, Respondent submitted a document entitled Sales Receipt to Complainant. The Document in Unnamed 2 eTfea Fed Ada SSBTETé6aS8 PH:6H Gee /ST/6e 81:6 oOtoz ST das Sales Receipt is dated March 26, 2008, a. The Sales Receipt stated that Quality Block and Supply Company received two payments from Respondent which totaled $1,010.25. b. The Sales Receipt stated that Quality Precast Company received six payments from Respondent which totaled $3,567.64. ec. The Sales Receipt stated other payments to different subcontractors/materialmen in the amount of $9,974.67. d. The Sales Receipt stated that the total amount paid by Respondent to all subcontractors/materialmen was $14,552.56. 10. After vreceiving the Sales Receipt Document from Respondent, Complainant submitted payment to Respondent in the amount of $14,552.56. 11. As a result of Respondent’s failure to pay for labor and/or materials, valid liens were filed on Complainant's property by materialmen and/or subcontractors, including, but not limited to: a. Quality Block and Supply Company, in the amount of $1,010.25. b, Quality Precast Company, in the amount of $3,567.54, 12. To date, Respondent has failed to provide any amount Document in Unnamed 3 élf/Pa = F8d Ada SSBTETé6aS8 PH:6H &Tee/ST/6e 81:6 oOtoz ST das of restitution to Complainant. COUNT ONE 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement or construction to residential real property IWust contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 15. Based upon the facts set forth above, Respondent violated Section 489,129(1) (i), Florida Statutes in the following way: a. By not having a written statement explaining the Construction Industries Recovery Fund on the Construction Management Agreement, 16. 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 violated Section 489,1425(1), Florida Statutes. PDocumunt in Unnamed 4 éT/Se od Ada SSBTETé6aS8 PH:6H Gee /ST/6e @ti6 OTOZ ST das COUNT TWO 17. Petitioner vrealleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 18. Section 489.129(1)(c), Florida Statutes, states that discipline may be imposed by the board on some regulated by the board if they are found to have violated any provision of 455. 19. Section 455,227(2) (a), Florida Statutes, states that the following acts are grounds for discipline: making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession. 20. Based upon the facts set forth above, Respondent violated Section 455,227(2) (a), Florida Statutes in the following way: a. By submitting the Sales Receipt to Complainant which indicated to Complainant that certain subcontractors/materialmen had been paid or were to be paid. The Sales Recéipt’s indication that subcontractors/materialmen had been paid or were to be paid caused Complainant to submit full payment of the Sales Receipt to Respondent. However, the subcontractors/materialmen listed in the Sales Receipt were not paid by Respondent which caused valid liens to be filed against Complainant's Document in Unnamed 5 éT/9e8 Fd Ada SSBTETé6aS8 PH:6H &Tee/ST/6e 81:6 oOtoz ST das property by the subcontractors/materialmen listed in the Sales Receipt. Zl. Based on the foregoing, Respondent violated section 489.129(1) (c), Florida Statutes, by violating any provision of Chapter 455, Florida Statutes. COUNT THREE 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein, 23. Section 489.129(1)(g)1, Florida Statutes, states that financial mismanagement or misconduct occurs when the contractor has allowed valid liens to 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 the property, by payment or by bond within 75 days after the date of such liens. 24, Based upon the facts set forth above, Respondent violated Section 489.129(1) (g)1, Flerida Statutes in the following way: a. By allowing valid liens to be placed on Complainant's property and not removing the liens within 75 days of the liens being placed against Dooumont in Unnamed 6 elfé8 Fed Ada SSBTETé6aS8 PH:6H Gee /ST/6e 61:6 OlOZ ST das Complainant's property. 25. Based upon 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 the contractor has allowed valid liens to have heen 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 the property, by payment or by bond within 75 days after the date of such liens. 26, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 27, Rule 61G4-17.00l(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., oF Chapter 489, Part I., F.S. 28, Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting as further defined Document in Unoumed 7 eT/8e Fd Ada SSBTETé6aS8 PH:6H &Tee/ST/6e 61:6 OlOZ ST das under Ryle 61G4-17,001(m)2, F,A,C, WHEREFORE, Petitioner reapeatfully requests the Construction Industry Licensing Board enter an Order imposing ene 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 financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, ssess 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 25% day of _ May, 2010, CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: Thomas Campbell Thomas Campbell Assistant General Counsel Florida Bar Ne, 0071589 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 (850) 921-9186 Facsimile PCP Date: 05/25/2010 Members: Cathey/Cox Document in Unnamed & eTf/6B = F8d Ada SSBTETé6aS8 PH:6H Gee /ST/6e 61:6 oO0zZ ST das 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 cross-examine witnesses and to 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 Fetitioner has incurred costs related to the investigation and prosecution of the matter. Pursuant to the 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 attorney’s time, against the Respondent in addition to any other discipline imposed. Document in Unnamed 9 eTf/ET Fed Ada SSBTETé6aS8 PH:6H &Tee/ST/6e 61:6 OlOZ ST das

Docket for Case No: 10-009065