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FILED

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DE!p 1ty Agency Cieri

CI.F.RI!: Ewine Law,ort-,Proctor

i;,..., 51912011

STATE OF FLORID.A.

DE,PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINE,SS AND PROFESSIONAL REGULATION,

Petitioner,

V. case No. 2011-005468

1. ARRIS M. MILLMAN,

   
   

   Respondent.

   
   

   /

   
   

   ADMINISTRATIVE COMPLAINT

   
   

   The Department of Business and Professiona.l. Regulation ("Petitioner") files this Adm.i.nistrative Complaint before the Construction Industry Li.censing Board, Divis i.ons I and I I, against Harris M, Mil,),man ("Respondent"), 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. At al). times material to this Complaint I Respondent was licensed as a Certified General Contractor and a Certified Roofing Contractor in the State of Florida, having been issued li.cense numbers CGC 11522 and CCC 1327057.

   3. Re1apondent's addres1, of record is 3441 Carlton Lane, Davie, Florida 33330.

      
      

      1Jocumcnt in Unnnmed

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   4. At all tj_mes material to this Complaint prior to Dece!1lber 18 1 2009, Respondent was the primary qualifying agent of Affiliated Construction Services, Inc. ("Affiliated").

   5. Section 489.1195(1)(a)1 Florida Statutes, provides that all prj_mary 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 financj_al matters, both for the organization in general and for each specific job.

   6. On or about July 27, 2010, a Judgment relating to

      
      

      Respondent's practice of contracting was obtained against Respondent and Affiliated, jointly and severally, in favor of Roof Depot USA, LCC, in case number 10-1083 SP 26 (02), in the County Court in and for Mia!1li-Dade County, Florida, in the amount of $4,021.95.

   7. Respondent failed to satisfy the Judgment within a

      
      

      reasonable time.

      
      

   8. Rule 61G4-17.001(1)(q), Florida Administrative Code, states in part: "[F]or purposes of [Secti.on 489.129(1)(q), Florida Statutes (2010)) "rea,sona,bl.e time" means sixty (60) days following the entry of a civil judg!1lent that is not appealed."

   9. Section 489.129(1)(q), Florida Statutes (2010), provj_des for discj_plj_ne against a licensee for failing to sati.sfy within a reasonable time, the terms of a civil judg!1lent

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      obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession.

   10. Respondent failed to satisfy the Judgment obtained

aga,inet Respondent within 60 days following its entry.

ll.. Respondent violated Section 489.129(1) (q), Florida Statutes (2010), by failing to sati.sfy the Judgment within a reasonable time.

lllHEREFORE, Petitioner reepectfully requests the Conetruction Industry Licensing Board enter an Order imposi.ng one or more of the foJ.).owing penal ties: 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 ;f.ine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section

455. 227 (2) , Florida Statutes I and/or any other relief tha,t the Board is authorized to impose pursuant to Chapters 489, 455, Florida statutes, and/or the rules promuJ.gated thereunder.

(SIGNATURE PAGE FOLLOWS)

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Signed this 28t h day of April, 2011.

KEN LAWSON, Secretary Department of Business and

Professional Regulation

By: 'l{Jfe Cliristqplier

Kyle Christopher Assistant General Counsel Florida Bar No. 40853

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

PC Found: 04/28/2011

By: Christopher, K.

Docket for Case No: 11-002815PL