Sep 23 2010 10:26 aa/2a/2818 1e:12 8589219186 DEPR PAGE 3/11 FILEO Orpartnent of Business and Protesrtinnl Fatpubicion, Deputy Agency Clerk “| CLERK Evette L. Proctor Date 7/1/2010 Fite STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No 2009-059054 Vv. ELWOOD BROCK d/b/a Gulf Coast Metal Systems, Inc. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against ELWOOD BROCK, (“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. At all times material to this Complaint, Respondent was licensed to practice contracting within the State of Florida pursuant to Chapters 455 and 489, Florida Statutes, as a Division II Contractor, having been issued license number ccC 1327126. 3. Respondent's address of record is 14 Walker Street, Panacea, Florida 32346, Document in Unnamed 1 Sep 23 2010 10:26 aa/2a/2818 1e:12 8589219186 DEPR PAGE @4/11 4. It was found that Respondent has an additional address of 78 Sunrise Lane, Panacea, Florida 32346. 5. At all times material hereto, Respondent was the primary qualifying agent for and doing business as Gulf Coast Metal Systems, Inc., (*Gulf’). 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. van On or about duly 27, 2009, Respondent, doing business as Gulf, entered into a contract with J.C. Beaty, (“Beaty”), to install a roof at the residence located at 332 Beaty Lane, Sopchoppy, Florida, in Wakulla County, Florida. 8. The contracted price totaled $12,000.00 and Respondent was paid in full. 9, A permit for the project was obtained on July 30, 2009. 10, On or about October 26, 2009, the project failed to obtain a- passing final inspection due to workmanship defects. li. As to date, no final inspection for the project has been obtained. Doenment in Unnamed 2 Sep 23 2010 10:26 9/23/2618 16:12 8589219186 DEPR PAGE 5/11 COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through ten (11) as though fully set forth herein. 13. Section 489.129(1) (0), Florida Statutes, prohibits: “Proceeding on any job without obtaining applicable local building department permits and inspections.” 14. Based on the facts set forth above, Respondent violated Section 489.129(1)(o), Florida Statutes, in one or more of the following ways: a) By failing to obtain the applicable passing final inspection on the Beaty project from the local building department. 15. Based on the foregoing, Respondent violated section 489.129(1) (o), Florida Statutes, by failing to obtain applicable local building department passing final inspection. COUNT TWO 16. Petitioner reallages and incorporates the allegations set forth in paragraphs one (1) through ten (11) as though fully set forth herein. 17. Section 489.129(1)(m), Plorida Statutes, prohibits: “Committing incompetency or misconduct in the practice of contracting.” 18. Based upon the facts set forth above, Respondent Document in Unnamed 4 Sep 23 2010 10:26 aa/2a/2818 1e:12 8589219186 DEPR PAGE 46/11 violated section 489,.129(1) (m), Florida Statutes, in one or more of the following ways: a) By failing to obtain a passing final inspection for the Beaty project from the local building department in violation of section 499.129(1) (o), Florida Statutes. 19. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by failing to obtain a final inspection on the Beaty project. 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, 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 amy other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Document in Unnamed 4 Sep 23 2010 10:27 aa/2a/2818 1e:12 8589219186 DEPR PAGE 7/11 DBPR v. E. BROCK 2009-059084 Administrative Complaint Signature Page; Pade 5 of 6 Signed this 21°" day of June , 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: James Fortunas James Fortunas Assistant General Counsel Fl. Bar No. 21635 Department of Business and Professional Requlation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Office (850) 921-9186 Facsimile PC Found 06/21/2010 Members: Engelmeier/Brown Document in Unnamed Sep 23 2010 10:27 9/23/2618 16:12 8589219186 DEPR PAGE 88/11 NOTICE OF RIGHTS Respondent has the right to request a hearing to he condueted im 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 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. Document in Unnamed 6

Docket for Case No: 10-009271