STATE OF FLORIDA HEA it ING s “ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. CONSTRUCTION INDUSTRY. LICENSING BOARD DIVISION 1 . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . . oe ‘Case No. sr 03781 ANTHONY JOSHUA BAILEY, - I] | 3A Respondent. / ADMINISTRATIVE COMPLAINT , Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ANTHONY JOSHUA BAILEY, ("Respondent"), and says: ol. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, F lorida Statutes, and Chapters 455 and 489, Florida Statutes. 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 CG C058362. 3. Respondent's last known address is 9037 Lem Turner Road, Suite #1, Jacksonville, Florida 32208. Another recent address is Hurricane Design Build Construction, Inc., 8700 Southside Blvd., Apt. 415, Jacksonville, FL 32256. eer EY 4, At all times material hereto, the Respondent was licensed as qualifying agent for Hurricane Design Build Construction, Inc., certificate of authority number QB0006984. 5. Section 489. 1 195(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: a organization in general and for each specifi job. 6. onc or around August 1, 1997, Respondent, doing business as s Hurricane Design Build : Construction, Inc., contracted ‘with Julia Henry-Wilson to construct a home on property located at ; 11520 Bridges Road, 3, Jacksonville, Florida. 7. The total price of the aforementioned’ contract was $93, 800. 00. 8. The aforementioned contract did not dol Respondent's license number as required by Section 489. 119(6)(b), Florida Statutes. a 9. The aforementioned contract did not contain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. . 10. On or around July 1, 1998, Southdown, Inc. filed and recorded a valid lien against the property of Julia Henry-Wilson in the amount of $6,094.16 as a result of an agreement with Respondent. . 11. Notwithstanding having been paid by Ms. Henry-Wilson for the work, Respondent failed to have the lien removed from the property within seventy-five days of the . date the lien was filed. - | 12. Ms. Henry-Wilson paid to have the lien removed from her property. 13. Respondent failed to obtain a certificate of occupancy or final inspection for his 2 work on the Henry-Wilson project. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. . . 15. . Based upon the foregoing, Respondent violated Section 489. 9.129(1 \(hY(1), Florida Statutes (1997), by committing mismanagement or misconduct i in the practice of f contracting that mses financial harm to acustomer. Fi inancil mismanagement ors or misconduct occurs when valid liens have been recorded against the property ‘of a contractor’ S customer for supplies or xr services — ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT II . : 16. . Petitioner realleges and i incorporates the allegations set forth in Paragraphs one through eight as though fully set forth in this Count IL. . 17. Section 489.119(6)(b), Florida Statutes, provides that the registration or - certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT Il 19, Petitioner réalleges and incorporates the allegations set forth in paragraphs one through ‘nine as though fully set forth in this Count III. 20. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real a Property must contain a vritten 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. 00. 21, Based upon n the foregoing, the Respondent violated Section 489. 129(1)(), Florida Statutes, by failing 1 in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IV. 23. Based upon the foregoing, the Respondent violated Section 489. 129(1)(p), F lorida Statutes (1997), by proceeding on any job without obtaining applicable local building department “permits and inspections. . WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing — Board enter an Order i imposing one or more of the following penalties: Place on 1 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), 4 Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the tules promulgated thereunder. Signed this LS ra | COUNSEL FOR DEPARTMENT: William Oglo bY Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, FL. 32399-2202 ' Fila. Bar No.: 874876 Case # 99-03781 PP: 1>fefr td teph

Docket for Case No: 01-001718PL