FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATY pate 41/2014 Fite # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-002487 MILO JULES OLSON III, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against Milo Jules Olson III (“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 1329585. 3. Respondent's address of record is 3901 Southeast Commerce Avenue., Stuart, Florida 34997. 4. At all times material hereto, Respondent -.was’ the primary qualifying agent of Lifetime Roofs & Construction, Inc. (“Lifetime”). 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 ail 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 January 28, 2012, Lifetime entered into a written contract with Robert Katz (“Complainant”) for installation of a roof and wall finishing to Complainant's residence located at 7705 Rockford Road, Boynton Beach, Florida 33472. 7. Neither Lifetime nor Respondent was ever issued license number CGC.1519129, which appears on the contract. 8. CGC 1519129 was issued to Henry K. Kusinski, who is neither a qualifying agent, officer, or director for Lifetime. 9. The contract price was $26,000.00, of which Lifetime accepted an initial deposit of $8,666.66. 10. Lifetime ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 11. At the time Lifetime ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to Lifetime by Complainant. 12. Lifetime was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Based upon the foregoing, Respondent violated section 489.129(1) (3), Florida Statutes (2011), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through twelve as though fully set. forth herein. 16. .Based upon the foregoing, Respondent violated section 489.129(1) (g)2, Florida Statutes (2011), by abandoning a customer’s job when the percentage of completion was less than the: percentage of the total contract price paid to _ the contractor. COUNT THREE 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 18. Section 489.129(1) (i), Florida Statutes (2011), provides for discipline against a licensee for failing in any material respect to comply with the provisions of chapter 489, part I, Florida Statutes, or violating a rule or lawful order of the board. 19. Based upon the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes (2011), when Respondent violated section 489.127(1)(c), Florida Statutes (2011), by presenting as his own the certificate or registration of another. 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. Signed this 25°. day of March , 2014, KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ John Edward Villafrate John Edward Villafrate Assistant General Counsel Florida Bar No. 0100068 Department of. Business and Professional Regulation’ Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1226 Telephone (850) 921-9186 Facsimile Respondent Milo Jules Olson III DBPR Case Number 2014-002487 Probable Cause Found 03/25/2014 By: Lenois/Engelmeier 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 further 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. 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. 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. 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: 15-001530PL

Issue Date	Proceedings
Jul. 13, 2015	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 13, 2015	(Petitioner's) Motion to Relinquish Jurisdiction filed.
May 22, 2015	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 16, 2015; 9:00 a.m.; Port St. Lucie, FL).
May 20, 2015	Joint Motion to Continue/Motion to Put Case in Abeyance filed.
Apr. 17, 2015	(Petitioner's) Notice of Service filed.
Apr. 17, 2015	Petitioner's First Request for Production filed.
Apr. 17, 2015	Petitioner's First Set of Interrogatories filed.
Apr. 17, 2015	Petitioner's First Request for Admissions filed.
Mar. 25, 2015	Order of Pre-hearing Instructions.
Mar. 25, 2015	Notice of Hearing by Video Teleconference (hearing set for May 27, 2015; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Mar. 24, 2015	Joint Response to Initial Order filed.
Mar. 19, 2015	Initial Order.
Mar. 18, 2015	Administrative Complaint filed.
Mar. 18, 2015	Election of Rights filed.
Mar. 18, 2015	Agency referral filed.