fi es STATE OF FLORIDA 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL peouatlles” CONSTRUCTION INDUSTRY LICENSING BOARD "DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 99-05380 a OLB YF IPL FRED T. GARRETT III, , Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FRED T. GARRETT III, ("Respondent"), and says: ao 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, + a i + x fa 2 Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number ce Cos 94 14. 3. Respondent s last known address and address of record is 3700 NE 28" Avenue, Lighthouse Point, Florida. 4, At all material times hereto, Respondent was licensed as qualifying agent for Fred T. Garrett Construction, Inc. (hereinafter referred to as “‘Contractor), and as such was responsible for the acts, omissions, and financial conduct of the business as it relates to contracting. 5. On or about August 21, 1998, Contractor contracted with Louis L. St. Cyr (hereinafter CYR) to construct an addition to CYR’s residence located at 201 S. Bel Air Drive, Plantation, Florida. | . 6. The contract price was $50,000.00. 7. CYR paid Contractor $2,500.00 upon signing the contract per the terms of the payment schedule pursuant thereto, which called for five (5%) percent at signing. 8, Contractor failed to commence work on the project, thereby abandoning it without just cause and without proper notification to CYR. Contractor has failed to perform work without just cause for at least 90 consecutive days. 9. As of the time of the aforesaid abandonment, Contractor was paid five (5%) percent of the contract price by CYR and completed zero (0%) percent of the work called for under the contract. . 10. Contractor is not entitled to retain the aforesaid amount paid by Cyr and has failed to tefund same within thirty days after the date of the abandonment. 11. Chapter 489.119(2), Florida Statutes (1998 Supp.) provides that if an applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitous name where the applicant is doing business as a sole propietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 12. Chapter 489.1425 (1), Florida Statutes (1997), provides that any agreement or a See 2 eh aR RE contract for repair, restoration, improvement, or construction to residential real property must contain.a written statement explaifiing the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. The aforesaid contract failed to include the required written statement. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count L 14. Based on the foregoing, Respondent violated Chapter 489.129(1)(k), Florida Statutes (1997), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fally set forth in this Count I. . 16. Respondent failed to obtain a certificate of authority for Fred T. Garrett : Construction, Inc, as required by Section 489.11 9(2), Florida Statutes. 17. Based on the foregoing, Respondent violated Chapter 489.129(1)(j), Florida Statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.119(2). Re ROR TES "489, Florida Statutes by violating Chapter 489.1425 (1), Florida Statutes (1997) in failing to COUNT III 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IIL. 19, Based on the foregoing, Respondent violated Chapter 489.129(1)(h)2, Florida Statutes (1997) by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer, Financial mismanagement or misconduct occurs when the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within thirty days after the job is abandoned. - COUNTIV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IV. 21. Based on the foregoing, Respondent violated Chapter 489.129(1)(}), Florida Statutes (1996 Supp.) by failing in any material respect to comply with the provisions of Part 1, Chapter include a statement in the contract explaining the Construction Industry Recovery Fund. 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 $5,000 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. V9 dayof__ 2 (mA 1999 Za bri x Dd Sad By: Cathleen O’Dowd Lead Attorney COUNSEL FOR DEPARTMENT: Michael D. Soifer Pad: 2) 1s )aq Senior Attomey Loos Department of Business and Mes ree + Syemcnent Professional Regulation Rhode Bldg., Phase I 401 NW 2" Street, N607 FILED Miami, Florida 33128-1765 ness and Professional Regulation EPUTY CLERK MDS October 6, 1999 en d, NM Mihele Case #99-03925 DATE _ Department of ea

Docket for Case No: 01-003481PL

Orders for Case No: 01-003481PL