7) ay SO Aof ATs 4 1, Une! Ory Meg Sip) OF “ely, A, STATE OF FLORIDA Gg “ke DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, O ly ~| S71 p ct Case No, 2004-033657 vs. JOHN EDWARD BARR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOHN EDWARD BARR, ("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 Building Contractor, in the State of Florida, having been issued license number CB C048889. 3. Respondent's address of record is 620 SE 7" Avenue, Pompano Beach, Florida 33060. 4. On or about December 1989 through September 2000, Respondent was licensed as a primary qualifying agent for Gemstar Homes, Inc. (hereinafter referred to as "Contractor"), a Florida corporation, At all times material, the Contractor did not have a qualified business organization certificate of authority. 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. At all times material hereto, Gemstar Homes I, Inc. (“Gemstar I”) was a Florida corporation and was not duly licensed to engage in the practice of construction contracting in the State of Florida pursuant to Part I of Chapter 489, Florida Statutes, Beginning in 1998, the Respondent was a director of, and was the president of, Gemstar I. On or about September 2001, Gemstar II was administratively dissolved for failure to file an annual report. 7. On or about September 24, 1999 Gemstar II entered into a written contract with John and Kim Hylton (hereinafter referred to as the “Hyltons”) for the construction of a new home on a lot that was owned by the Hyltons at 5721 Pepper Tree Lane, Davie, Florida. 8. The contract price was Six Hundred Twenty Five Thousand Four Hundred Sixty Nine dollars ($625,469.00), 9. The contract did not include the Respondent’s certified building contractor’s license number or a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 10. From on or about September 24, 1999 through August 21, 2000 the Hyltons paid Gemstar I a total of Two Hundred Thirty One Thousand Four Hundred Twenty Three dollars and Sixty Four cents ($23 1,423.64). 11. | Onor about December 17, 1999, a building permit application for the construction of the Hyltons’ new home was submitted to the Town of Davie building department. In the appropriate spaces in the application form, there appeared the Contractor’s and the Respondent's names and the Respondent’s license number, and the application was signed by the Respondent as vice president on behalf of the Contractor. The application was approved, and building permit number 99-4662 was issued. 12. The contract called for the project to be completed within seven (7) months from the date the building permit was issued. Gemstar II performed or attempted to perform, but did not complete, the work called for by the contract. On or about February 23, 2001 the Hyltons terminated the contract for material breaches, including Gemstar II’s slow progress, failure to have a licensed qualifying agent, and allowing the building permit to be revoked by the Town of Davie. Thereafter the Hyltons had the project completed by others at a total cost that substantially exceeded the original contract price. 13. Onor about September 26, 2001 the Hyltons filed a civil suit against Gemstar II for breach of the contract in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, Case No. 01-16586-CACE-09. After a trial on October 14, 2002, on January 28, 2003 a Final Judgment was entered in favor of the Hyltons and against Gemstar IT in the sum of Two Hundred Eight Thousand Nine Hundred Eight dollars and Eighty Two cents ($208,908.82). The Final Judgment has not been satisfied. Les) COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though filly set forth in this Count I. 15. — Section 489.119(6)(b), Florida Statutes, provides: 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. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1998), 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 tf 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count II. 18. Section 489, 1425, Florida Statutes, provides: 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. 19, Based upon the foregoing, the Respondent violated Section 489,129(1)(), Florida Statutes (1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. i COUNT It 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IIL. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes (1998), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. ) COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though filly set forth in this Count IV. 23, Section 489.127(4), Florida Statutes, prohibits a contractor from agreeing to the use of, or knowingly allowing the use of, the contractor’s license number by a person or business that is not licensed to practice contracting and prohibits a contractor from applying for or obtaining a building permit for construction work for which the contractor has no contract. 24, Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1998), 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. V 25, Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though filly set forth in this Count V. 26. The building permit application represented that the contractor for the project was 5 the Contractor. 27. Section 455.227(1)(m), Florida Statutes, provides that the following shall constitute grounds for disciplinary action: Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. 28. Based on the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (1998), by violating any provision of Chapter 455, Florida Statutes. COUNT VI 29. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count VI. 30. Section 489.119(2), Florida Statutes, provides: if the applicant 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. 31. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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. Signed this 20 day of ey an 2005. B.. © d THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay . Assistant General Counsel ean rofessionial Requiation Pepe fae td one a ER 8685 NW 53” Terrace, #100 MNflichelt Miami, FL 33166 Wel e- (305) 470-6783 Ext. 2225 CLERK 6-25 9.005 TRG/sb Case #2004-033657 PC Found: April 28, 2005 Division |: Kalmanson & Kane

Docket for Case No: 06-001957PL