Oct 24 2006 10:45 laf24/2886 18:33 8589219186 DEPR PAGE 3/24 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. 2005-025203 2005-049687 2005-036664 RICHARD ALLEN PITMAN, JR... Respondent. ADMINISTRATIVE COMPLAINT — Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against RICHARD ALLEN PITMAN, JR., (“Respondent”), and says: L 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 Residential Contractor, in the State of Florida, having been issued license number CR C1326919. 3. Respondent’s address of record is 4212 Highway 90 #236, Pace, Florida 32571. 4. At all times material hereto, Respondent was the licensed qualifying agent for R A Pitman Jr. Homebuilders (hereinafter “Pittnan”). Oct 24 2006 10:45 laf24/2886 18:33 8589219186 DEPR PAGE @d/24 5. At all times material hereto, Pitman did not possess a certificate of authority as required by Section 489.119(2), Florida Statutes. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth herein. 7. 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. 8. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by failing to comply with a provision of Chapter 489, Part I, Florida Statutes, by violating Section 489.119(2), Florida Statutes, by failing to obtain a certificate of authority for Pitman. ACTS RELATED TO CASE NO. 2005-025203 9. In of about October 2004, Respondent, doing business as Pitman, submitted a proposal to Claude Hall (hereinafter “Hall”) to repair Hali’s hurricane damaged house located at 10220 Sunday Road, Cantonment, Florida. The scope of work under the proposal included but was not limited to the repair or replacement of the roof, sheetrock insulation, and carpet. 10. _Inor about October 2004, Hall accepted Respondent’s proposal for the above tnentioned work for a total costs of approximately $13,265.00. Oct 24 2006 10:45 laf24/2886 18:33 8589219186 DEPR PAGE 85/24 Me 11. Respondent failed to include a written statement in the agreement notifying Hall of Florida Homeowners’ Construction Recovery Fund as required by Section 489.1425(1), Florida Statutes. 12. Onor about December 9, 2004 and December 17, 2004, Hall paid Respondent a total of $12,000.00, or approximately ninety percent (90%) of the contract price. 13. . Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $12,000.00, or approximately ninety percent (90%) of the contract price. ‘ - 14. In or about December 2004, Respondent commenced work on the roof. 15. Inor about December 2004, Respondent completed work on the roof. 16. Respondent failed to obtain a permit prior to construction of ‘the roof or any inspections for the rook. 17. Inor about April 2005, Respondent applied for and obtained a building permit (Permit No. 05041062) from the Escambia County Building Department for the roof project. At present, Respondent has failed to obtain any inspections for the roof. ) COUNT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and nine through seventeen as fully set forth herein. 19. Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the consumer's rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. Oct 24 2006 10:47 laf24/2886 18:33 8589219186 DEPR PAGE &6/24 20. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, by having violated Section 489.1425(1), Florida Statutes. COUNT I 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and nine through seventeen as fully set forth herein. 22. Section 489.126, Florida Statutes, provides 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 permits necessary to do work within 30 days afier the payment is made, except where the work does not réquire a permit under the applicable codes and ordinances unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits. 23. 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, by having violated Section 489.126, Florida Statutes. . COUNT IV 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and nine through seventeen as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 489,129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department pemnits and inspections. COUNT V Oct 24 2006 10:47 laf24/2886 18:33 8589219186 DEPR PAGE a7/2d 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and nine through seventeen as though fully set forth herein, 97, Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS RELATED TO CASE NO. 2005-049687 28. In or about October 2004, Respondent, doing business as Pitman, submitted a proposal to Patricia Christoffersen (hereinafter “Christoffersen”) to repair Christoffersen’s hurricane damaged house located at 308 Southeast Kalash Road, Pensacola, Florida. The scope of work under the proposal included but was not limited to the repair or replacement of the roof, sheetrock insulation, drywall, flooring, and various interior fixtures. 29. In or about October 2004, Christoffersen accepted Respondent’s proposal for the above mentioned work for a total costs of approximately $72,200.00. 30. Respondent failed to include a written statement in the agreement notifying Christoffersen of Florida Homeowners’ Construction Recovery Fund as required by Section 489,1425(1), Florida Statutes. 31. On or about November 6, 2004, Christoffersen paid Respondent $14,440.00, or approximately twenty percent (20%) of the contract price. 32. Respondent failed to apply for the permits necessary to begin construction of the project within thirty (30) days of receiving $14,440.00, or approximately twenty percent (20%) of the contract price. 33. In or about November 2004, Respondent commenced work on the roof, and demolition of interior and exterior portions of the house. : Oct 24 2006 10:47 laf24/2886 18:33 8589219186 DEPR PAGE 8/24 34, Respondent failed to obtain a permit prior to construction of the roof or any inspections for the roof. 35. Respondent failed to obtain a permit or any inspections for the demolition of interior and exterior portions of the house. 36. Onorabout April 19, 2005, Respondent applied for and obtained a building permit (Permit No. 05043300) from the Escambia County Building Department for the roof project. At present, Respondent has failed to obtain any inspections for the roof, COUNT VI 37. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-six as fully set forth herein. 38. Section 489.1425(1), Florida Statutes, provides in part that a contract for inaprovement to residential real property must contain a written statement explaining the consumer's tights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 39. Based on the foregoing, Respondent violated Section 489.129(1)(1), 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, by having violated Section 489.1425(1), Florida Statutes. COUNT VII 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-six as fully set forth herein. 41, Section 489.126, Florida Statutes, provides that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restorati on, improvement, or construction to residential real property must apply for permits Oct 24 2006 10:47 laf24/2886 18:33 8589219186 DEPR PAGE @g/24 necessary to do work within 30 days after the payment is made, except where the work does not require a permit under the applicable codes and ordinances unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits. 42. Based on the foregoing, Respondent violated Section 489.129(1)4), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part J, Florida Statutes, by having violated Section 489.126, Florida Statutes. ) COUNT Vill 43. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-six as though fully sct forth herein. 44. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. co IX 45. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-six as though fully set forth herein. 46. Based on the foregoing, Respondent violated Section 489.129(1)(im), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS RELATED TO CASE NO. 2005-036664 47, In or about November 2004, Respondent, doing business as Pitman, submitted a proposal to Lacy Mayon (hereinafter “Mayon”) to re-roof Mayon’s house located at 7602 Harvey Street, Pensacola, Florida, 48. In or about November 2004, Mayon accepted Respondent’s proposal for the re- roof project for a total costs of approximately $5,850.00. Oct 24 2006 10:48 laf24/2886 18:33 8589219186 DEPR PAGE la/2d 49. Respondent failed to include a written statement in the agreement notifying Mayon of Florida Homeowners’ Construction Recovery Fund as required by Section 489.1425(1), Florida Statutes. 50. Onor about November 23, 2004, Mayon paid Respondent $2,925.00, or approximately afty percent (50%) of the contract price. 51. Respondent failed to apply for the permits necessary to begin construction of the roof within thirty (30) days of receiving $2,925.00, or approximately fifty percent (50%) of the contract price. 52. In or about November 2004, Respondent commenced work on the roof. 53, Tn or about January 2005, Respondent completed work on the roof. 54. Respondent failed to obtain a permit prior to construction of the roof or any inspections for the roof. 55, On or about January 6, 2005, Mayon paid Respondent the balance of the contract price for the roof, or approximately $2,925.00. 56. In or about January 2005, Respondent, doing business as Pitman, submitted a proposal to Mayon repair Mayon’s hurricane damaged house at the previously described address. The scope of work under the proposal included but was not limited to the repair or rep] acement of the sheetrock insulation, trim molding, vinyl flooring, chain link fence, and wood deck. 37. In or about January 2005, Mayon accepted Respondent’ s proposal for the renovation project for a total costs of approximately $24,284.00. 38. Respondent failed to include 4 written statement in the agreement notifying Mayon of Florida Homeowners’ Construction Recovery Fund as required by Section 489,1423(1), Florida Statutes. Oct 24 2006 10:48 laf24/2886 18:33 8589219186 DEPR PAGE 11/24 59, Tnor about February 2005, Respondent commenced interior renovations to Mayon’s house. 60. Respondent failed to obtain a permit or any inspections for the interior renovations to Mayon’s house. él. On or about February 17, 2005 and February 18, 2005, Mayon paid Respondent approximately $20,000.00 toward the contract price for the interior renovations to Mayon’s house. 62. Tnor about Febrary 2005, Respondent ceased work on the project. 63, nor about April 2005, Mayon filed a complaint against Respondent with the Beiter Business Bureau of Northwest Florida, Inc. for Respondent’s failure to recommence work on Mayon’s house. 64. Inor about April 2005, Respondent applied for and obtained a building permit (Permit No. 05 042746) from the Escambia County Building Department for the roof project. At present, Respondent has failed to obtain any inspections for the roof. 65. Ino about Apri] 2005, Respondent without just cause terminated the project with Mayon. COUNT X 66. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty-seven through sixty-five as fully set forth herein. ) 67, Section 489,1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00, Oct 24 2006 10:48 laf24/2886 18:33 8589219186 DEPR PAGE 12/24 68. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, by having violated Section 489.1425(1), Florida Statutes. COUNT XI 69. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty-seven through sixty-five as fully set forth herein. 70. Section 489,126, Florida Statutes, provides 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 permits necessary to do work within 30 days after the payment is made, except where the work does not require a permit under the applicable codes and ordinances unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits. 71. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by having violated Section 489.126, Florida Statutes. . COUNT xt 72. — Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty-seven through sixty-five as though fully set forth herein. 73. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT XI 74, Petitioner realleges and incorporates the allegations set forth in paragraphs one 10 Oct 24 2006 10:48 laf24/2886 18:33 8589219186 DEPR PAGE 13/24 through five and forty-seven through sixty-five as fully set forth herein. 75, 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 acontractor. A project may be presumed to be 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 XIV 76. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty-seven through sixty-five as though fully set forth herein. 77. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by conumitting incompetency or misconduct in the practice of contracting. 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 455, 489, Florida Statutes, and/or the rules promulgated thereunder. al Oct 24 2006 10:49 laf24/2886 18:33 8589219186 DEPR PAGE 14/24 . in _ Signed this qr day of Wed 2006. CO Patrick Creehan, ' Chief Construction Attomey Counsel for Department: F | L E D Department of Business and Professional Regulation P. Brian Coats AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street CLERK Sus oh, Fe . (Weudwn ay ' Tallahassee, FL. 32399-2202 DATE a - { %-20 Ole Case No. 2005-025203 2005-049687 2005-036664 PC Feunel airs |\ow Tow TL: QW / bugheoncS

Docket for Case No: 06-004135PL