FILED Department of Sisiness and Professional fegulation Deputy Agency Clerk STATE OF FLORIDA CLERK vette Lawson-Proetar DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pate 8/2/2013 Filo # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-037741 DAVID WHIPPLE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against DAVID WHIPPLE (“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 all times material hereto, Respondent was licensed as a Certified Roofing Contractor in the State of Florida, having been issued license number CCC 039859. 3. Respondent's address of record is 7232 Burnway Drive, Orlando, Florida 32819. 4. At all times material hereto, Respondent was the primary qualifying agent of Cut Rite Roofing, Inc. (“Cut Rite”). 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 June 15, 2009, Respondent entered into a written contract with Margie Weissgerber (“Complainant”) for a re-roof of Complainant’s residence. 7. Complainant’s residence is located at 7725 Clementine Way, Orlando, Florida. 8. The contract price was $10,900.00, of which Respondent was paid in full. 9. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 10. Based upon the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes (2008), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. 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 i | { { : i ‘ \ 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. Signed this 23° day of July, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Thomas H. Campbell Thomas H. Campbell Assistant General Counsel Florida Bar No. 71589 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 07/23/2013 By: Cobb/Weller 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, 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. 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: 14-000607PL