STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 98-22054 Vv. DESCEL ELDRIDGE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board, against, Respondent, DESCEL ELDRIDGE, 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 hereto, a Certified Building Contractor in the State of Florida, having been issued license number CB C053723. WU YW 3. Respondent's last known address is 400 Helen Avenue, Panama City, FL 32401. 4. At all times material hereto, Respondent was the licensed qualifier for Frame Construction Company of Panama City, Inc. (hereinafter “Frame”), and therefore responsible for all of its contracting and financial activities. 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 May 13, 1998, Harry and Linda Davis entered into a written contract with the Respondent, d.b.a. Frame, for an addition and remodeling of their home located at 19810 Front Beach Road, Panama City Beach, Florida. The contract price was $88,126.00. 7. The contract did not include information regarding the Construction Industry Recovery Fund. 8. The contract did not include the Respondent's FCILB license number. 9. By July 15, 1998, the Davises had made several payments to the Respondent totaling $86,890.00 based on an established draw schedule that was part of the contract. This amount represents approximately 98.6% of the total contract price. ! 10. The draw schedule indicated that the home was to be “Ready for occupancy” by July 27 through July 31" of 1998. U Nw) 11. On or about October 5, 1998, Linda Davis terminated the contract with the Respondent because the project had not been completed as contracted for and little or no work had been completed in the ninety (90) days prior to this termination. 12, On or about November 16, 1998, Jeffrey W. Nauman, a Registered General Contractor license# RG 0043508, examined the home at the request of the Davises and determined that “the project is at best 55% to 60% complete.” Nauman estimated a minimum cost of $45,600.00 to complete the project as originally contracted for by the Davises. 13. As of this date, the Respondent has not refunded the excess funds nor does the Respondent have a right to retain these funds under the terms of the contract with the Davises. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 15, Based on the foregoing, the Respondent violated Section 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 abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the ownér, including the reason for the termination, or fails to perform work without just cause for 90 consecutive days. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. U _~) 17. Based on the foregoing, the Respondent violated Section 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 (30) days after the date the job is abandoned. COUNT III 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. | 19. According to Section 489.1425(1), Florida Statutes (1997), any agreement or contract for repair, restoration, improvement, or construction to residential real property must | contain a written statement explaining the consumer's rights under the Construction Industries | Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 3 20. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Flori Statutes (1997), by failing in any material respect to comply with the provisions of Part I of Chapter 489. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs One | through Thirteen as though fully set forth herein. ! 22. According to Section 489.119(5)(b), Florida Statutes (1997), the registration or | | certification number of each contractor shall appear in each offer of services, business proposal U YW bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor in the practice of contracting. 23. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of Part I of Chapter 489. 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. we Signed this S _ day of iN eek , 2000. y: Cathleen E. O’Dowd Lead Construction Attorney COUNSEL FOR DEPARTMENT: F | L E D : tment of Business and Professional Regulation Matthew S. Casey Deva DEPUTY CLERK Senior Attorney FL Bar Number: 0115320 Prpardat Michele Department of Business and CLERK Professional Regulation DATE 6 = | - AC0O Northwood Centre 1940 N. Monroe St. Tallahassee, FL, 32399-0792 Case # 98-22054 oe we demmrineo fod

Docket for Case No: 00-003052PL