Deputy Agency Clerk CLERK Evette Lawson-Proctor STATE OF FLORIDA Date 12/9/2011 DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATI Fie# DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2011-035135 JOHN L. CASHBAUGH III, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (Petitioner) files this Administrative Complaint before Division II of the Construction Industry Licensing Board against JOHN L. CASHBAUGH, (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, as a Certified Roofing Contractor pursuant to Chapters 455 and 489, Florida Statutes, having been issued license numbers CCC 1329579, 3. Respondent's address of record is 559 Marklen Loop, Polk City, Florida. 4, At all times material, Respondent was the primary Document in Unnamed 1 Filed February 7, 2012 1:09 PM Division of Administrative Hearings qualifying agent for and doing business as All American Professional Roofing, LLC, 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 May 11, 2011, Mike Baughman, d/b/a Alete Construction, entered into a contract with Complainant to install a new shingle roof (Project). 7. At all times material, Mike Baughman was not registered or certified to engage in the business of contracting in this state. 8. At all times material, Alete Construction was not a qualified business organization in this state. 9. The contract price was $17,500.00. 10. On or about May 27, 2011, Respondent applied for and obtained a permit (Permit BCP 2011-05555) for the Project. 11. Thereafter, Mike Baughman and his crew commenced work on the Project. 12. During the course of construction, Complainant made the following payments to Mike Baughman, d/b/a Alete Construction, for the Project: Document in Unnamed 2 a. Check payable to Alete Roofing dated May 9, 2011 in the amount of $5,000.00 b. Check payable to Alete Construction, Inc., dated May 10, 2011 in the amount of $6,125.00 c. Check payable to Mike Baughman, dated May 31, 2011 in the amount of $500.00 d. Cash to Baughman on June 1, 2011 in the amount $300.00 for tarps in an attempt to avoid further damage to the residence (written and signed receipt provided) e. Check payable to Alete Construction, dated June 10, 2011 in the amount of $1,200.00 13. Complainant paid a total amount of $13,125.00 to Mike Baughman, d/b/a Alete Construction. 14. While Mike Baughman was working on the Project, rain water infiltrated the interior of the residence and resulted in damages to the interior of Complainant’s residence. 15. Complainant hired a restoration company to dry out the interior of the residence for $15,767.18. 16. Subsequent to the storm, Mike Baughman and his crew performed work on the Project sporadically, and then stopped performing work on the Project on or around June 24, 2011. 17. Ultimately, Complainant hired another roofing company to complete the Project at a cost of $4,880.00. 18. Respondent did not supervise or participate in the Document in Unnamed 3 Project. 19, Respondent was not a party to the contract entered into between Complainant and Mike Baughman d/b/a Alete Construction. COUNT ONE 20. Petitioner re~alleges and incorporates by reference the allegations set forth in paragraphs one (1) through nineteen (19) as though fully set forth herein. 21. Section 489.127(4) (c), Florida Statutes, provides that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 22. Based upon the foregoing, Respondent violated Section 489,.129(1) (i), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT TWO 23. Petitioner re~alleges and incorporates by reference Document in Unnamed 4 the allegations set forth in paragraphs one (1) through nineteen (19) as though fully set forth herein. 24. Based upon the foregoing, Respondent violated Section 489.129(1) (ad), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate-holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT THREE 25. Petitioner re~alleges and incorporates by reference the allegations set forth in paragraphs one (1) through nineteen (19) as though fully set forth herein. 26. Based upon the foregoing, Respondent violated Section 455,227(1) (j), Florida Statutes, by aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board. 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 Document in Unnamed 5 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 Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 29*" day of November , 2011. KEN LAWSON, Secretary Department of Business and Professional Regulation Thomas H. Campbell Thomas H. Campbell Florida Bar No. 0071589 Assistant General Counsel 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: 11/29/2011 By: Flaherty/Korelishn Document in Unnamed NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. 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 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 7

Docket for Case No: 12-000516PL