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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs GEORGE RAC, IV, 06-001984PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001984PL Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: GEORGE RAC, IV
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jun. 06, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 26, 2006.

Latest Update: Dec. 23, 2024
66/66/2686 16:21 8589219186 DEPR STATE OF FLORIDA Jun 6 2006 10:29 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION It DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-060914; 2005-060236 ‘ 2005-051096; 2006-001561 2005-056650; 2005-054562 2005-052741; 2005-062527 GEORGE RAC IV, Respondent. / ADMINISTRATIVE COMPLAINT _ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing , Board, against GEORGE RAC IV, ("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 Specialty Contractor, in the State of Florida, having been issued license number SCC 13050663, currently active, 3. Respondent's last known addresses are 15349 86" Drive North, Palm Beach Gardens, Florida, 33418. 4, At all times material hereto, Respondent was acting as the licensed qualifier for " Unique Screens, Inc. 5. Ai all times material hereto, Unique Screens, Inc, was Tegistered as a qualified Ll PAGE 83/22 Jun 6 2006 10:30 B6/86/ 20686 1a:21 8589219186 DEPR PAGE business, having been issued QB # 42790, currently active. EACTS PERTAINING TO CASE # 2005-060914 6: On or about January 22, 2005, Respondent contracted with Serge Thys to construct a screened enclosure around the poo! at his residence located at 15390 Ocean Breeze Lane, Wellington, Florida, 33414. 7. The contract price was $24,527.00, of which Mr. Thys paid $8,176.00 to Respondent on or about January 22, 2005, as a thirty three percent (33%) deposit, 8. On or about March 2, 2005, Respondent obtained permit # 15-1038 from the Wellington Building Department. 9. Respondent abandoned the contract by failing to complete any work on the project. 10. As Respondent failed to petform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. . 11. Despite failing to commence work on the project, Respondent did not refund any of the money to Mr. Thys. 12. Asa result of Respondent’s abandonment, Mr. Thys has sustained financial harm amounting to at least $2,176.00. COUN 13, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 14. 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, A project may be presumed abandoned after 90 days if the contractor ad/22 Jun 6 2006 10:30 B6/86/ 20686 1a:21 8589219186 DEPR PAGE @5/22 ) ' } terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT 1 13, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 16. -Based on the Foregoing, Respondent violated Section 489.129(1)(2\(2), Florida Statutes, by committing mismanagement or iiisconduct in the practice of contracting that causes financial harm to a customer. Financial misinanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain, such funds under the terms of the contract or refimds the excess funds within 30 days after the date the job is abandoned. COUNT. TIT 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 18. . Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE # 2005-060236 19. On or about May 18, 2005, Respondent contracted with Anthony Demaio to construct a screened enclosure around the pool at his residence located at 11688 Cardenas Blvd, Boynton Beach, Florida, 33437. 20. The contract price was $11,800.00, of which Mr. Demaio paid $2,000.00 to Respondent on or about May 18, 2005, as a seventeen percent (17%) deposit. Jun 6 2006 10:30 B6/86/ 20686 1a:21 8589219186 DEPR PAGE ) 21. On or about August 18, 2005, Respondent applied for permit # B05036213, the permit was not fully paid for and was not picked up. 22. Respondent abandoned the contract by failing to complete any work on the project. 23. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. 24. Despite failing to commence work on the project, Respondent has-not refinded any money to Mr. Demaio. 25. As aresult of Respondent’s abandonment, Mr. Dernaio has sustained financial harm amounting to at least $2,000.00. COUNT IV 26. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and nineteen through twenty-five as fully set forth herein. 27, 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 ag a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. ) COUNT V 28. ‘Petitioner revalleges and incorporates the allegations set forth in paragraphs one through five and nineteen through twenty-five as fully set forth herein. 29, Based on the Foregoing, Respondent violated Section 489.125(1)(2)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes 4 ab/22 Jun 6 2006 10:30 66/66/2686 16:21 8589219186 DEPR PAGE 87/22 ) cy financial harm to a customer. Financial mismanagement ot misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain such finds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT VI 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and ninetcen through twenty-five as fully set forth herein. 31. | Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE # 2005-051096 32. On or about September 23, 2004, Respondent contracted with Michael Carelli to replace a screened enclosure around the pool at his residence located at 14405 Wellington Trace, Wellington, Florida, 33414. 33. The contract price was $17,400.00, of which Mr. Carelli paid $5,800.00 to Respondent as a thirty three percent (33%) deposit. 34. The contract did not include notification of the Construction industries Recovery Fund. 35. Onor about November 16, 2004, Respondent obtained permit # 04-66274 for the project, 36. Respondent abandoned the contract by failing to complete any work on the project. Jun 6 2006 10:31 B6/86/ 20686 1a:21 8589219186 DEPR PAGE 8/22 } ) . 37. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. ‘38. Despite failing to commence work on the project, Respondent did not refund any money to Mr. Carelli 39. As aresult of Respondent’s abandonment, Mr. Carelli has sustained financial harm amounting to at least $5,400.00. COUNT Vi 40. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and thirty-two through thirty-nine as fully set forth herein. 41. Section 489.1425(1), Florida Statutes, states 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 $2500.00. 42. 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 Chapter 489, Part I, Florida Statutes, or violation a rule of lawful order of the board, by having violated Section 489,1425(1), Florida Statutes. COUNT VII 43. . Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and thirty:two through thirty-nine as fully set forth herein. 44, Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor 6 Jun 6 2006 10:31 B6/86/ 20686 1a:21 8589219186 DEPR PAGE 9/22 terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT IX 45. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and thirty-two through thirty-nine as fully set forth herein. 46. Based on the Foregoing, Respondent violated Section 489.129(1)(g)(2), 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 the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT X 47. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and thirty-two through thirty-nine as fully set forth herein, 48, Based on the foregoing, Respondent violated Section 489.129( 1)(mn), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, FACTS PERTAINING TO CASE # 2006-001561 49. On or about October 10, 2004, Respondent contracted with Kenneth Fo glia to construct a screened enclosure around the pool at his residence located at 4597 Windward Cove Lane, Wellington, Florida, 33467, 50. The contract price was $14,719.00, of which Mr, Foglia paid $4,906.00 to ' Respondent as a thirty three percent (33%) deposit. 70 B6/86/ 20686 1a:21 8589219186 DEPR Jun 6 2006 10:31 PAGE 31. ‘The contract did not include notification of the Construction Industrics Recovery — Fund. 52. On or about January 12, 2005, Respondent pulled permit # 05-267 for the project. 53. Respondent abandoned the contract by failing to complete any work on the project, . 54, As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. 85, Despite failing to commence work on the project, Respondent failed to refund any money to Mr. Foglia. 56. As aresult of Respondent’s abandonment, Mr. Foglia has sustained financial harm amounting to at least $4,906.00, COUNT Xi 57. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and forty-nine through fifty-six as fully set forth herein. 58. Section 489,1425( 1), Florida Statutes, states 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 excecd $2500.00. 39. 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 Chapter 489, Part I, Florida Statutes, or violation a rule of lawful order of the board, by having violated Section 489,1425(1), Florida Statutes. COUNT XII 1a/22 Jun 6 2006 10:31 B6/86/ 20686 1a:21 8589219186 DEPR PAGE 11/22 60. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and forty-nine through fifty-six as fully set forth herein. 61. Based on the foregoing, Respondent violated Section 489,129(1)Q), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including | the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XII 62. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and forty-nine through fifty-six as fully set forth herein, 63. Based on the Foregoing, Respondent violated Section 489,129(1)(g)(2), 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 the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT XIV 64. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and forty-nine through fifty-six as fully set forth herein. 65. Based on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, FACTS PERTAINING TO CASE # 2.005-056650 Jun 6 2006 10:32 B6/86/ 20686 1a:21 8589219186 DEPR PAGE 66. On or about March 6, 2005, Respondent contracted with Michael Mitchell to replace a screened enclosure around the pool at his residence located at 8979 Biddle Court, Wellington, Florida, 33414. | 67. ‘The contract price was $13,500.00, of which Mr, Mitchell paid $4,500.00 to Respondent as a thirty three percent (33%) deposit. 68. Section 489.126(2)(a), Florida Statutes, provides in part, that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential real property, must apply for pormits necessary to do the work within thirty (30) days after the date payment is made. 69. - Atall times material hereto, Respondent did not obtain a permit for the project. 70. ‘Respondent abandoned the contract by failing to complete any work on the project. . 71. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. . 72. Despite failing to commence work on the project, Respondent failed to refimd any tmoney to Mr. Mitchell. 73. Asa result of Respondent’s abandonment, Mr. Mitchell has sustained financial harm amounting to at least $4,500.00, COUNT XV 74. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one ‘through five and sixty-six through seventy-three as fully set forth herein. 75. Section 489,126(2)(a), Florida Statutes, provides in part that, that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract 10 12/22 Jun 6 2006 10:32 PAGE 13/22 B6/ 86/2086 1a:21 8589219186 DEPR price for repair, restoration, improvernent, or construction to residential real property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. 76. Based on the foregoing, the Respondent violated Section 489,129(1)(i), Florida Statutes, by failing in any material Tespect to comply with the provisions of this part or violating arule or lawful order of the board. COUNT XVI 77, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and sixty-six through seventy-three as fully set forth herein. 78. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by abandoning a construction proj ect in which the contractor ig engaged or under contract ag a contractor. A project may be presumed abandoned after 90 days if the contractor temninates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XVII 79. Petitioner re-alleges and incorporates the allegations set forth in Paragraphs one through five and sixty- six through seventy-three as fully set forth herein. 80. Based on the Foregoing, Respondent violated Section 489.129(1)(g)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a enstomer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. OUNT XVI 11 Jun 6 2006 10:32 PAGE B6/86/ 20686 1a:21 8589219186 DEPR 81. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and sixty-six through seventy-three as fully set forth herein. 82. Based on the foregoing, Respondent violated Section 489, 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAININ G TO CASE # 2005-054562 83. On or about January 22, 2005, Respondent conitracted with Ovide-Henti Bernadotte to construct a screened enclosure around the pool at his residence located at 1545], Natures Point Lane, Wellington, Florida, 33414, 84. The final contract price was $17,800.00, of which Mr, Bemadotte paid $5,933.00 to Respondent as a thirty three percent (33%) deposit. 85, On or about February 15, 2005, Respondent obtained permit # 05-0890 from the Wellington Building Department. 86. Respondent abandoned the contract by failing to complete any work on the project. 87. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. 83. Despite failing to commence work on the project, Respondent did not refund any money to Mr. Bemadotte, 89. As a result of Respondent’s abandonment, Mr. Bernadotte has sustained financial harm amounting to at least $5,933.00. COUNT XIX 12 14/22 Jun 6 2006 10:32 GE B6/86/ 20686 1a:21 8589219186 DEPR PA 20, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and eighty-three through ei ghty-nine as fully set forth herein, °l. Based on the foregoing, Respondent violated Section 1489.29(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without Proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT. XX 92. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and eighty-three through ei ghty-nine as fully set forth herein. 93. Based on the Foregoing, Respondent violated Section 489.129(1)(2)(2), 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 the contractor has abandoned a customer’s job and the percentage of completion is less than the petcentage of the total contract price paid to the contractor as the of the time of abandonment, . unless the contractor is entitled to retain such funds under the terms of the contact or refunds the excess funds within 30 days after the date the job is abandoned. | COUNT. XXI 94. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and eighty-three through eighty-nine as fully set forth herein. 95. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE # 2005-052741 13° 15/22 Jun 6 2006 10:33 GE 16/22 66/66/2686 16:21 8589219186 DEPR PA 96. On or about March 23, 2005, Respondent contracted with Enoline Francois to construct a screened enclosure around the pool at his residence located at 11105 Regatta Lane, Wellington, Florida, 33414. 97. The final contract price was $12,000.00, of which Ms. Francois paid $4,000.00 to Respondent as a thirty three percent (33%) deposit. 98. On or about August 5, 2005, Respondent obtained permit from the Wellington Building Department, but was never picked up. 99. Respondent abandoned the contract by failing to complete any work on the project. 100. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. 101. Despite failing to commence work on the project, Respondent did not refund any money t, Ms. Francois. . . 102. Asa result of Respondent’s abandonment, Ms. Francois has sustained financial harm amounting to at least $4,000.00. COUNT XX 103. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and ninety-six through one hundred-two as fully set forth herein. 104. Based on the foregoing, Respondent violated Section 129.( 1G), Florida Statutes, by abandoning a construction project in which the contractor is etigaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for | termination, or fails to perform work without just cause for 90 consecutive days. 14 Jun 6 2006 10:33 GE B6/86/ 20686 1a:21 8589219186 DEPR PA COUNT XXT1 105. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and ninety-six through one hundred-two as fully set forth herein. 106. Based on the Foregoing, Respondent violated Section 489.129(1)(g)(2), 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 the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned, COUNT XXIV 107. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and ninety-six through one hundred-two as fully set forth herein. 108. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE # 2005-062527 109. On or about January 29, 2005, Respondent contracted with Yves Pierre-Louis to consttuct a screened enclosure around the pool at his residence located at 15902 Cypress Park Drive, Wellington, Florida, 33414. | 110. The final contract price was $7,270.00, of which Mr. Pierre-Louis paid $2,323.00 to Respondent as a thirty two percent (32%) deposit. 11. On or about February 1, 2005, Respondent obtained permit from the Wellington Building Department, but was never picked up, 112. Respondent abandoned the contract by failing to complete any work on the a5 17/22 Jun 6 2006 10:33 B6/86/ 20686 1a:21 8589219186 DEPR PAGE 18/22 project, 113. As Respondent failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Respondent at the time of Respondent’s abandonment. i 14. Despite failing to commence work'on the project, Respondent did not refund any money to Mr. Pierre-Louis. 115, As aresult of Respondent’s abandonment, Mr. Pierre-Louis bas sustained financial harm amounting to at least $2,323.00. COUNT 116. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one ‘through five and one hundred-nine through one hundred-fifteen as fully set forth herein. 117. Based on the foregoing, Respondent violated Section 129.(1)Q), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. CO AVI 118. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and one hundred-nine through one hundred-fifteen as fully set forth herein. 119. Based on the Foregoing, Respondent violated Section 489,129(1)(2}(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes ‘financial hatin to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer’s job and the petcentage of completion is less than the percentage of the total contract price paid to the contractor as the of the time of abandonment, 16 Jun 6 2006 10:33 PAGE B6/86/ 20686 1a:21 8589219186 DEPR unless the contractor is entitled to retain such funds under the terms of the contract or refimds the excess funds within 30 days after the date the job is abandoned. OUNT XXVII 120. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through five and one hundred-nine through one hundred-fifieen as fully set forth herein, 121. Based on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, by committing incompeteney 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, Florida Statutes, and/or the tules promulgated thereunder. EYL ED Samedi 8 dayof Wiioke 2006, Department of Business and Professional Regulation ile / Bile. AGENCY CLERK j J. Kélly “ Assistant General Counsel Department of Business and Professional Regulation CLERK San oda & . (Wea ny - 1940 North Monroe Street _U-"1- 200% aie Northwood Centre : Tallahassee, FL 32399-2202 DATE, JTR/JT Cases # 2005-060914: 2005-060236; 2005-05 1096; 2005-00156] 2005-056650; 2005-054562; 2005-052741; 2005-062527 Po Founcts B12E)Ow Div I. Locosan + Badey 17 19/22

Docket for Case No: 06-001984PL
Source:  Florida - Division of Administrative Hearings

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