STATE OF FLORIDA FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, O5 ~ 2624 PL vs. FDBPR Case N° 2003041889 STEVEN M. LEONI, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Steven M. Leoni (“Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 571554 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as a broker at P O Box 2535, Tallahassee, Florida 323 16-2535. 4. On or about January 29, 2003, Respondent’s residential contractor’s license, license FDBPR vs Steven M. Leoni FDBPR Case N® 2003041889 Administrative Complaint number RR0066772, was revoked. A copy of the final order is attached hereto and incorporated herein as Exhibit 1. COUNT I Based upon the foregoing, Respondent is guilty of having had a registration suspended, revoked, or otherwise acted against in any jurisdiction in violation of Section 475.25(1){s), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as fina] agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 2 FDBPR vs Steven M. Leoni FDBPR Case N° 2003041889 Administrative Complaint for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional rea] estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this Z-/ day of Aad ‘ 2005.

~ Hailes —e_e Florida Bar N° 0425941 Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX JPH/k PCP: BB/HF 4/05 FDBPR vs Steven M. Leoni PIBPRICASAN? ZQOBIA4 FSBO Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Florida Statutes; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate liceuse or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Jeb Bush Governor Kim Binkley-Seyer Secretary Office of the General Counsel Agency Clerk’s Office 1940 North Monroe Street Tallahassee, Florida 32399-2292 VOICE 850.921.0342 FAX 850.488.5761 INTERNET www. MyFlorida.com STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CERTIFICATION |, Sarah L. Wachman, Agency Clerk and Custodian of Records, HEREBY certify the following to be true and correct as on file with the Florida Department of Business and Professional Regulation. Attached is a true and correct copy of the Final Order issued in Department of Business and Professional Regulation case number 2001- 06414, as maintained by the Department of Business and Professional Regulation. The attached is a regularly received and retained record of the Department of Business and Professional Regulation vs. Steven Michael Leoni, and is received and retained in the ordinary course of business of the Florida Department of Business and Professional Regulation. As the Agency Clerk and Custodian of Records, | am the keeper of the seal and certify that the seal affixed to this document is the true seal for the Florida Department of Business and Professional Regulation. Onan ® Watchman Sarah L. Wachman Agency Clerk REPORT paces ff EXHIBIT ¢_A5" Personally appeared before me, the undersigned authority, Sarah L. Wachman, Department Agency Clerk, Department of Business and Professional Regulation, who being sworn, says that the fixed seal is the official seal of the Department of Business and Professional Regulation, a state agency. Danch % Watkin Sarah L. Wachman Agency Clerk STATE OF FLORIDA COUNTY OF LEON Before me, personally appeared, Sarah L. Wachman, whose identity is personally known to me as Department Agency Clerk, and who, acknowledges that her signature appears above. Sworn and Subscribed to, before me this I Fay of March, 2003. Notary Public-State of Florida oot Py i, ELLEN. CARTER ‘ «MY COMMISSICN # DD 132529 Li. Z c We, EXPIRES: July 9, 2006 Peog Bonded Thru Budget Notary Services Type or Print Name REPORT eee” EXHIBIT #2 PAGE#_ ADMINISTRATIVE COMPLAINT EXHIBIT #1 PAGE ZB OF f Final Order No. BPR-2003-00228 Date: FILED 1-30-03 Department of Business and Professional Regulation AGENCY CLERK LA Sarah Wachman, mW 71, Gerk hs s STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, -Vs- CASE NO.: 2001-06414 LICENSE NO.: CR C058266 STEVEN MICHAEL LEONI, Respondent. FINAL ORDER THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(2), Florida Statutes, on November 14, 2002, in Dania, Florida, for consideration of the Administrative Complaint (attached hereto as Exhibit A), in the above styled case. At the hearing, Petitioner was represerited by Patrick F. Creehan, Esq. The facts are not contested. The Respondent was not present at the Board meeting and was not represented by counsel. Upon consideration, it is ORDERED: 1. The allegations of fact set forth in the Administrative Complaint are approved and adopted and incorporated herein by reference as the findings of fact of the Board. 2. The conclusions of law alleged and set forth in the Administrative Complaint are approved and adopted and incorporated herein by reference as the conclusions of law of the Board. 3. There is no dispute as to any material fact. REPORT 4. The violations set forth warrant disciplinary action b ard. EXHIBIT # _ ADVINISTRATIVE 6 maa RRP EXHIBIT | PAGE ae THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: 1. Respondent's license is hereby REVOKED. 2. Respondent shall pay an administrative fine in the amount of Five Thousand Dollars ($5,000.00) and costs in the amount of Nine Hundred Eighty Dollars and Seventy-Two ($980.72) to the Board. Said fine and costs shall be paid within thirty (30) days after the date of filing of the Final Order. tn addition, the Respondent will be required to pay interest on fines due to the Board at a rate of 18% per annum, beginning on the thirty-first (31st) day after the issuance of the final order. A change in your licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of your license does not relieve you of your obligation to pay any fines, costs, interest, or restitution imposed in this order. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Final Order by filing an original Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Final Order. This Final Order shall become effective upon filing with the clerk of the Department of Business and Professional Regulation. Rin — DONE AND ORDERED this Z4 day of _«S @AMUQAL 2003. c) | ‘\ ROBERT A. LANG, Chair Construction Industry Licensing Board REPORT ~~ ADMINISTRATIVE COMPLAINT. EXHIBIT # ”) ExMisiT #__f pacee_ pf PACE _ y OF _ CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Steven Michael Leoni, P.O. Box 2535, Tallahassee, Florida 32316- 2535; Joseph P. Jones, Esquire, Broad & Cassel, 215 South Monroe Street, Suite 400, Tallahassee, Florida 32301; by hand delivery/United States Mail to the Construction Industry Licensing Board, 1940 N. Monroe Street, Tallahassee, Florida 32399-1039; and to Patrick F. Creehan, Esq., Chief Construction Attorney, Office of the General Counsel, 1940 N. Monroe St., Ste. 60, Tallahassee, Florida 32399-2202, on or before 5:00 p.m., this 320 day of January 2003. ADMINISTRATIVE COMPLAINT EXHIBIT #4 | 7 REPORT - EXHIBIT #_*)_- PAGE#___ts9 PAGE S) OF — STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . Case No. 2001-06414 / STEVEN MICHAEL LEONI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against , ("Respondent"), and says: 7 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant ‘6 Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a licensed Residential , Contractor, in the State of Florida, having been issued license number CR 058266. 3. Respondent's last known mailing address is P-O. Box 2535, Tallahassee, Florida 32316-2535. 4, On or around March 1, 2001, the Leon County Contractors’ Licensing and Examination Board suspended the Respondent’s local license for violating Leon County Building Codes. The effective date of suspension was on or around March. 9, 2001. 5. While the Respondent’s local license was suspended, Respondent grandfathered REPORT — | exupit #22. COMPLAINT pace#__¢ _ cee Yq pete ertepaene from a Registered Residential Contractor +o Certified Residential Contractor. 6. The Respondent failed to disclose the local license suspension to the Construction Industry Licensing Board in either the grandfatbering application ot ina change of status application submitted on or around August 2, 2001. COUNT I 7. Petitioner realleges and incorporates the allegations set forth in P aragraphs one through six as though fully set forth in this Count L 8. Section 61G4-15.008. F.A.C., states that “material false statements or information submnitted by an applicant for certification or registration, or submitted for renewal of certification or registration, or submitted for any reissuance of certification or registration, shall constitute a violation of sec. 489.129(1)(a), and shall result in suspension or revocation of the certificate or registration”. | 9. Based on the foregoing, the Respondent violated Section 489.129(1)(a) by obtaining a certificate, registration, or certificate of authority by fraud or maisrepresentation. WHEREFORE, Petitioner respectiully 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 oT all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to 2 REPORT ~~ exnieT #2. | | pace#___ JA AUWHINIO RAL VE co~ EXHIBIT He a PAGE "2 ___ OF Give GAINT _— Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 7 __ day of en 2 7, 2002. PCP: July 23, 2002 Alford/Del Vecchio By: eee | Creehan ‘ef Cénstruction Attomey COUNSEL FOR DEPARTMENT: Patrick F. Creehan, Chief Construction Attomey . F | [ F D Department of Business and ial Department of Bush ! Professional Regulation § ? ; * Q DE inass and Professional Regulation 1940 North Monroe Street (we PUTY CLERK Northwood Centre AN fA! ‘Tallahassee, FL 32399-2202 CLERK Lprdnt 7 Qesheds. care BI -ROO2 - PEC/DR Case # 2001- 06414 REPORT EXHIBIT #. * — oe ri c ¢ fe in £ Zz 4 “PAGER ORDER CONTRACTORS’ see UN AND EXAMINATION BOARD ON COUNTY, FLORIDA Contractors’ Licensing and Examination Board, Petitioner vs. Steven Leoni, Villetta Homes License # RR0066772 Respondent / THIS MATTER coming to be heard before the Contractors’ Licensing and Examination Board on March 1, 2001, for consideration of the complaint filed against Steven Leoni, Villetta Homes, hereinafter * “Respondent”, by JoAnne Graf, hereinafter, “ “Complainant”, regarding Blectrical outlets in bathrooms not being GFI protected, use of non- -safety glass in side panels next to rear door, and a lien placed against the property by Macco Kitchen and Baths. Located at 6007 Boynton Homestead, Tallahassee, FL 32312. Service of the complaint was hand delivered. “Respondent” being duly advised, was present at the hearing and was cepresented by counsel, Mr. Elwin Thrasher, Jr. Upon consideration, it is ORDERED: 1. FINDINGS OF FACT: a.) Steven Leoni is a Registered Residential Contractor licensed through Leon County Contractors’ Licensing and Examination Board; TRA ope COMPLAINT, REPORT 1 fos z wen al ay [ig ADMINIS t Ha ORDER: Steven Leoni PAGE TWO b.) c.) 4.) e.) f.) The Leon County Contractors’ Licensing and Examination Board has jurisdiction over this contractor obtaining permits within Leon County, Steven Leoni, Villetta Homes, was the contractor fora residential dwelling located at 6007 Boynton Homestead, Tallahassee, FL 32312, hereinafter, “the property”. Steven.Leoni, Villetta Homes, installed side panels on each side of the rear doors that do not reflect a marking identifying them as safety glazing; Steven Leoni, Villetta Homes, collected $12,000. from owner’s construction joan designated For Macco Kitchen and Baths; Steven Leoni, Villetta Homes, did not pay the amount of $12,000. to Macco Kitchen and Baths. 2. CONCLUSION OF LAW: a.) b) Steven Leoni, Villetta Homes, violated 1994 Standard Building Code Section 2405.2.1.3, which states: Glazing in an individual fixed or operable panel adjacent a door where the nearest vertical edge is within a 24 inch (610 mm) radius of the door ina closed position and whose bottom edge is less than 60 inches (1524 mm) above the floor or walking surface. Steven Leoni, Villetta Homes, violated Leon County Code of Laws 5-478 (c) (2), which states: The contractors’ licensing and examination board shall have the authority to discipline, by placing on probation, or reprimanding the contractor, revoking, suspending, or denying the issuance or renewal of the contractor's license or registration, requiring financial restitution to a consumer, imposing as administrative fine.not to exceed $1,500.00 per violation, requiring additional i ISTRATIVE COMPLAINT a “EXHIBIT # paces___ ad ———a— ORDER: Steven Leoni PAGE THREE hours of continuing education over and above the state requirements for license renewal, or assessing costs associated with investigation and prosecution, locally licensed or registered contractors, if the contractor has been found guilty, by the contractors’ licensing board, the state construction industry licensing board, or a court of competent jurisdiction, of any of the following actions: (2) Violating the applicable building or zoning codes. Cc. Steven Leoni, Villetta Homes, violated Leon County Code 5-478 (c) (10) (a), which states: The contractors’ licensing and examination board shail have the authority to discipline, by placing on probation, or reprimanding the contractor, revoking, suspending, or denying the issuance or renewal of the contractor's license or registration, requiring financial restitution to a consumer, imposing an administrative fine not to exceed $1,500.00 per violation, requiring additional hours of continuing education over and above the state requirements for license renewal, or assessing costs associated with investigation and prosecution, locally licensed or registered contractors, if the contractor has been found guilty, by the contractor’s licensing board, the state construction industry licensing board, or a court of competent jurisdiction, of any of the following actions: (10) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when: (a) Valid liens have been recorded against the property of acontractor’s customer for supplies or 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 das after the date of such liens. d. Steven Leoni, Villetta Homes, violated Leon County Code 5-489 (c) (14), which states: The contractors’ licensing and examination board shall have the authority to discipline, by placing on probation, or reprimanding the contractor, revoking, suspending, or denying the issuance or renewal of the contractor's license or registration, requiring financial restitution to a consumer, imposing as administrative fine not to exceed $1,500.00 per violation, requiring additional hours of continuing education over and above the state requirements for license renewal, or assessing costs associated with investigation and prosecution, locally licensed or registered contractors, if the contractor has been found guilty, by the REPORT NISTRATIVE: COMPLAINT: «= oor [ EXHIBIT. & PAGER Be | : oe ORDER: Steven Leoni PAGE FOUR contractors’ licensing poard, the state construction industry licensing poard, or 4 court of competent jurisdiction, of any of the following actions: (14) Signing 4 statement with respect to 4 project oF contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor, and materials which results in 4 financial loss to the owner, puschaser, or contractor, falsely indicating that workers’ compensation and public liability jnsurance are provided. The above stated violations are grounds for disciplinary action under Section 439.113, Florida Statutes. UPON THESE FINDINGS, by 4 vote of the Board of 6 in favor to 0 opposed, it is therefore ORDERED: 1,‘ That Steven Leoni have 30 days from the date this ORDER is signed to provide proof that safety glazing was installed in the rear door side panels, OF replace those panels with safety glazing; 2. That Steven Leoni’s Registered Residential Contractors License be suspended jmamediately upo® this ORDER peing signed by the Chairman of the Contractors’ Licensing and Examination Board; and 3. That Steven Leoni’s License remain suspended until which time he provides staff with proof of payment in the amount of $12,000. to Macco Kitchen and Baths; : 1 4, That Steven Leoni ‘pay an Administrative fine in the amount of $210.00 to Leon County before March 31, 2001. ADMINISTRA iv oe EXHIBIT PAGE - ~ GE 12 oF REPORT = Soe EXHiBIT # ©) PAGE#_ 2 a — rng meee i ee Bn eee vet cae remanent NE Lo npag tee ogres ot a ORDER: Steven Leoni PAGE FIVE The parties are hereby notified that upon the timely filing ofa Notice of Appeal within thirty (30) days, you may have the decision of the Contractors’ Licensing and Examination Board. reviewed by Circuit Court. In accordance with Florida Statutes, Chapter 489.131(7)(c) and (d), the disciplined contractor, the complainant, or the Department of Business and Professional Regulation may challenge the local jurisdiction enforcement body’s recommended penalty for Board action to the State Construction Industry Licensing Board. A challenge shall be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction Industry Licensing Board in Jacksonville, Florida. If challenged, there is a presumptive finding of probable cause and the case may proceed before the State Board without the need for a probable cause hearing. Failure of the disciplined contractor, the complainant, or the Departraent of Business and | : Professional Regulation to challenge the local jurisdiction’ s recommended penalty within the time period set forth in this subsection shall constitute a ‘waiver of the right to a hearing ‘before. _> the State Construction Industry Licensing Board. A waiver of the right to a hearing before the State Board shall be deemed an admission of the violation, and the penaity recommended shall become a final order according to procedures developed by the State Board rule without further State Board action. Pursuant to Section 120.595, Florida Statutes, the Parties are hereby notified that they may appeal the Final Order of the State Board by filing one copy of a Notice of Appeal with the ADMINISTRATIVE COMPL : 7 , NISTRATIVE COMPLAINT —— REPORT | EXHIBIT Ae PAGES ORDER: Steven Leont . .f : a PAGE SIX . Clerk of the Department of Business and Pro fessional Regulation, Northwood Centre, 1940'North Monroe Street, Tallahassee, Florida 32399-07925 and by filing the filing fee and one | \ copy of the Notice of Appeal with the District Court of Appeal withing thirty (30) days of the effective date of said Order. ORDERED py the Contractors’ Licensing and Examination Board effective tne eey of ih un eh. , 2001. _eeeee 7 Fo Buel B.Wheeler, jr, Chairman : LEON COUNTY CONTRACTORS’ LICENSING : AND EXAMINATION BOARD gwORN TO AND SUBSCRIBED beior® me ist day of Mach . 2001, bY Puel E. Wheeler, Jr., as Chairman, Leon County Contractors’ Licensing and “REPORT © EXHIBIT #22 ——— ns “ pAGES#___— ai ORDER: Steven Leoni PAGE SEVEN xc: Steven Leoni, Villetta Homes (Contractor) JoAnne Graf (Complainant) Ray Burroughs, Director of Building Inspection Florida Construction Industry Licensing Board Florida Department of Business and Professional Regulation City of Tallahassee Building Inspection Leon County Building Inspection City of Tallahasee Permit Intake Supervisor ~ Leon County Permit Intake Supervisor Leon County Telephone Permitting Fiscal Assistant Director of County Administraive Services Assistant to the Director of Community Development Prepared by: Susan K. Roberts FACOMMON Roberts\BOARDIORDERSILeoniSteven.wPd ADMINISTRATIY E , coMPLAINT _PAGEH_. REPORT: gw EXHIBIT #2 ee a etl

Docket for Case No: 05-002629PL