LA AIG7 ° 4 Tit pe a et ee) 0? KAY 39 PH 2 STATE OF FLORIDA me DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-09215 THOMAS D. KILGORE d/b/a Master Craft Designs, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against THOMAS D. KILGORE ("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 a certified general contractor in the State of Florida, having been issued license number CG C016510. 3. Respondent's last known address of record is 1136 Dogwood Avenue, Tampa, Florida, 33613. 4. At all times material hereto, Respondent was the primary qualifying agent for Master Craft Designs, Inc. 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. Respondent failed to obtain a certificate of authority for Master Craft Designs, 7. On or about December 19, 1998, Master Craft Designs, Inc., entered into a contract with Barry Graves and Mary Graves, his wife, (hereinafter, "Graves"), whereby Respondent was to build an addition to the residence located at 6400 66th Avenue North, Pinellas Park, Florida. 8. The total contract price for the project was $28,431.32. 9. Graves paid Respondent a total of $25,931.32. 10. On or about May 10, 2000, under Respondent’s license number, permit number 2000-2353 was obtained for the project from the City of Pinellas Park Building Department. 11. On or about May 10, 2000, work commenced on the project. 12. Onor about, August 17, 2000, Respondent ceased work on the project without notice to Graves of termination or the reason for such termination. 13. For 90 consecutive days after the date work ceased, Respondent did not perform any work on the project. 14. On or about October 6, 2000, the permit for the project was transferred to Graves. 15. To complete the project, Graves paid a total of $8,055.00 over the original contract price to subcontractors. COUNT I 16. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Section 489.119(2), Florida Statutes, provides that an applicant who 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 fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 18. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board, having violated Section 489, 119(2), Florida Statutes, by failing to obtain a certificate of authority for Master Craft Designs, Inc. COUNT If 19. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT 10 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 22. Based on the foregoing, Respondent violated Section 489.129(1)(g)3., Florida Statutes, by committing financial mismanagement in the practice of contracting that causes financial harm to the customer where the contractor’s job has been completed and the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 24. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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, Morida Statutes, and/or the rules promulgated thereunder. Signed this Pies day of Max cl. PCP: February 26, 2002 Chung/Lambert COUNSEL FOR DEPARTMENT: Patrick L. Butler Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 PLB/omr Case # 2000-09215 TE FAL By: \ Robert A. Crabi Chief Construction Attorney Business and i DEPUTY cr Rae Redulaton ELECTION OF RIGHTS May Pai) FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OFFICE og GENE a COUN GE L Respondent: THOMAS D. KILGORE Case Nos: 2000-09215 Ihave read the Administrative Complaint in this matter, and elect as follows: CHECK ONE 1. ( ) Telect not to dispute the material facts alleged in the Administrative Complaint and wish to appear before the Board to be heard on the conclusions of law and the issue of penalty. I therefore request a hearing not involving disputed issues of material fact, under section 120.57(2), Florida Statutes, I understand that at the hearing I will not be allowed to deny the facts alleged in the Administrative Complaint, but will only be permitted to submit written and/or oral evidence in mitigation of the charges in the Administrative Complaint or explain why the facts alleged do not amount to a violation of law. 2. K) I do dispute the facts alleged in the Administrative Complaint, and request that this be considered a petition for Final Hearing before an Administrative Law Judge of the Division of Administrative Hearings, pursuant to Section 120.57(1), Florida Statutes. If you select this option, you must state below which specific facts you dispute. (Use the back of this sheet if needed.) See_attached Motion to Dismiss. As and when you _rule on the Motion, then I will answer the Complaint. I will also answer the Complaint if you deny the Motion. I will do nothing if you grant the Motion. I request an opportunity to dispute the facts, in writing, and to subpoena witnesses, and to propound interrogatories and eS Se eee eee ee ee eee SUSAR OR LES depositions on the complainants prior to any Final Hearing in this case. LEGAL COUNSEL IS NOT AVAILABLE FOR ATTENDANCE AT ANY HEARING FROM MAY 18, 2002 THROUGH 3.( ) I waive my right to object or be heard concerning this matter, and the Department may do as it sees fit concerning this JUNE 15,2002 matter, THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT FULLY UNDERSTAND THE TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING. THOMAS D. KILGORE Mailing Address (if different) Mbb Page cog FAs Mbb Page cog FAs om, t peo City State Zip Lai Atty (Le > S6/ < State Zip Respondent's Daytime Phone No, STATE OF FLORIDA COUNTY OF fits dotou 6-4 The foregoing instrument was ack ¢ who is personally known tq Pan Tes oe "Notary Pubic - ~State of Fodida E My Commision Expres May 31, 2004 Comerission # CCP4100S MAY ___, 200P>by THOMAS D. KILGORE identifi cati aon neg oO My Commission Expires: MAIL THIS FORM TO THE ADDRESS BELOW, ATTN. LYNN KNOBEL Office of the General Counsel Mailing Address: 1940 NORTH MONROE STREET , SUITE 60: TALLAHASSEE, FLORIDA 32399-2202 Location: Johns Building — Suite 114 ~ 725 S. Bronough Street Telephone (850) 488-0062 + Fax (850) 414-6749 Website www. MyFlorida.com

Docket for Case No: 02-002197