Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: NEAL JON BLUST
Judges: MICHAEL M. PARRISH
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jan. 18, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 31, 2000.
Latest Update: Dec. 27, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, 00-09 g3
Case No. 98-20163
vs.
NEAL JON BLUST,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint
before the Construction Industry Licensing Board, against NEAL
JON BLUST, ("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. Respondent is, and has been at all times material
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hereto, a Certified Residential Contractor, in the State of
Florida, having been issued license number CR C027153.
3. Respondent's last known address is 458 SW 3 Avenue,
Boynton Beach, Florida 33435.
4. At all times material hereto, Respondent was the
licensed qualifier for Master Home Builders (hereinafter referred
to as "Contractor") and was responsible in such capacity for all
of its contracting activities.
COUNT I
5. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through four as though fully set
forth in this Count I.
6. On or about June 24, 1995, the Contractor contracted
with Marc Sorenson and Jane Murphy (hereinafter referred to as
“Customers”) to construct a new home in Palm Beach County,
Florida for Sixty Two Thousand, Nine Hundred dollars
($62,900.00).
7. On or about June 24, 1995, the Customers’ paid the
Contractor a check for One Thousand, Eight Hundred Eighty Seven
dollars ($1,887.00).
8. On or about October 27, 1995, through a construction
lender, the Customers’ paid the Contractor Three Thousand, Two
Hundred Three dollars ($3,203.00).
9. The Contractor failed to commence construction on the
Customer’s project.
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10. The Contractor abandoned the project without just cause
or notice to the owner.
11. Based on the foregoing, the Respondent violated Section
489.129(1) (k), Florida Statutes (1995), by abandoning a
construction project in which the contractor is engaged or under
contract as a contractor. A project may be presumed 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.
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 rulps promulg
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ated thereunder.
ed ; a
Signed this ( day of , 1999.
COUNSEL FOR DEPARTMENT:
Diane Snell Perera
Senior Attorney
Department of Business and
Professional Regulation
Rhode Building, Phase II
401 NW 2 Avenue
Suite 607N
Miami, FL. 33128
Case # 98-20163
2/2/99
DSP/ms
Poe 3-17-94 ;
st merge ck
Ss. mmons
CYNTHIA A. HENDERSON,
Secyetary
y:G. W. Harrell
Acting Chief Attorney
FILED
Department of Business and Professional Regulation
DEPUTY CLERK
CLERK Me tlichels
DATE Uy = vs -94
Docket for Case No: 00-000283
Issue Date |
Proceedings |
Jul. 31, 2000 |
Order Closing File issued. CASE CLOSED.
|
Jul. 19, 2000 |
Status Report (filed by Petitioner via facsimile)
|
Jun. 30, 2000 |
Order Continuing Case in Abeyance sent out. (parties to advise status by August 4, 2000.)
|
Jun. 28, 2000 |
Status Report (filed by Petitioner via facsimile)
|
May 03, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by June 30, 2000.)
|
May 01, 2000 |
Motion to Cancel Hearing and to Hold Case in Abeyance (filed via facsimile).
|
Apr. 26, 2000 |
Amended Notice of Hearing by Video Teleconference sent out. (hearing set for May 2, 2000; 11:00 a.m.; West Palm Beach and Tallahassee, FL, amended as to scheduling by video teleconference an hearing location)
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Feb. 14, 2000 |
Notice of Hearing sent out. (hearing set for May 2, 2000; 11:00 a.m.; West Palm Beach, FL)
|
Feb. 04, 2000 |
Petitioner`s Conferred Response to Initial Order (filed via facsimile).
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Jan. 25, 2000 |
Initial Order issued. |
Jan. 18, 2000 |
Election of Rights filed.
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Jan. 18, 2000 |
Administrative Complaint filed.
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Jan. 18, 2000 |
Agency Referral letter filed.
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