Deputy Agency Clerk STATE OF FLORIDA CLERK Evatte Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pote 40/9/2013 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-040064 MICHAEL I. LEVINE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against Michael I. Levine (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to section 20.165, Florida i 1 | Statutes, and chapters 455 and 489, Florida Statutes. 2. Respondent is currently licensed as a Certified Roofing Contractor in the State of Florida, having been issued license number CCC 1327174. 3. Respondent's address of record is 2453 Poinciana Drive, Weston, Florida 33327. 4. On or about January 30, 2006, Respondent submitted an application (“the Application”) to the Department of Business and Professional Regulation, Construction Industry Licensing Board, for licensure as a Certified Roofing Contractor. 5. In the Application, Respondent represented that Respondent had not been convicted, found guilty, or entered a plea of guilty or nolo contendere (no contest) to a crime, including felony or misdemeanor offenses, in any municipality, county, state, or nation. 6. In the Application, Respondent represented that Respondent had not had any license, registration, or permit to practice any regulated profession, occupation, vocation, or business revoked, annulled, suspended, relinquished, surrendered, or withdrawn in Florida or in any jurisdiction. 7. On or about September 18, 1987, Respondent pled guilty to one count of conspiracy to commit racketeering acts and one count of conspiracy to defraud the Internal Revenue Service and was sentenced to nine years of incarceration, a $35,000.00 fine, five years probation, and a $100.00 assessment, in the United States District Court, Southern District of Florida, in Case No. 86-871-CR-DAVIS-1. 8. On or about October 28, 1987, the Supreme Court of Florida suspended Respondent’s Florida Bar license effective, nunc pro tunc, November 26, 1986, in Case No. 71,151. 9. On or about January 26, 1989, the Supreme Court of Florida disciplined Respondent’s Florida Bar license by disbarring Respondent effective, nunc pro tunc, November 26, 1986, in Case No. 72,326. 10. On or about October 29, 1990, the Department of Business and Professional Regulation, Board of Accountancy, suspended Respondent’s license to practice public accounting for a period of one year. 11. Based upon the foregoing, Respondent violated section 455,.227(1) (m), Florida Statutes (2005), by making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 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 delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) DBPR v. Levine Case No. 2012-040064 Signature Page Signed this 24" day of September, 2013. By: KEN LAWSON, Secretary Department of Business and Professional Regulation Ls/ Brittany B. Griffith Brittany B. Griffith Assistant General Counsel Florida Bar No. 97791 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile Probable Cause Found 09/24/2013 By: Pietanza/Weller 42 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. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Plorida 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28~106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 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 Respondent in addition to any other discipline imposed,

Docket for Case No: 14-000196PL