STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I CERRO OF BUSINESS AND PROFESSIONAL REGULATION, . Petitioner, bo- l & " 3 Pe VS. Case No. 2000-05428 DON CORBETT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DON CORBETT, ("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 hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C016983, 3. Respondent's last known address is 4282 Southwest Oakhaven Lane, Palm City, Florida, 34990. 4. On or about August 23, 1999, Respondent contracted with James Hoertz (hereinafter “Hoertz”), for the construction of a home on lot 6 at Stratford on the Water, Martin County, Florida. 5. ‘The contract price was $187,200.00 and Respondent was paid approximately $95,193.00. 6. Respondent failed to provide his license number on the contract. 7. Respondent failed to provide notification of the Construction Industries Recovery Fund. 8. On or about April 19, 2000, a dispute arose over money issued and Hoertz took over the supervision of the completion of the home, paying subcontractors $37,426.54 directly. 9. On or about April 10, 2000, Causeway Lumber recorded a lien against the property in the amount of $7,837.93 for work and/or material supplied between December 9, 1999, and January 19, 2000, and for which Respondent had already been paid. 10. On or about March 22, 2000, Tarmac America recorded a lien against the property in the amount of $10,282.82 for work and/or material supplied between November 19, 1999, and December 23, 1999, and for which Respondent had already been paid. 11. Neither of the liens has been satisfied. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 13. 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. 14. Based on the foregoing, the 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. COUNT II 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 16. — Section 489.1425, Florida Statutes, provides that 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. 17. Based on the foregoing, the 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. COUNT Il 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 19, Based on the foregoing, the Respondent violated Section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the 3 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 IV 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eleven as though fully set forth herein. 21. Based on the foregoing, the 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 telief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. A Signed this _[®'=_ day of , 2001. F ~ Department of Fle L EDT Regulation Hex, bv DEPUTY CLERK By: Robert A. Crabill Assistant General Counsel DATE ~ 6-200 COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and _ \ ) Angela C. Desmond Pp Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2000-05428 pe (CP: 5°30-0) Ciford «¢ burke

Docket for Case No: 02-002643PL