Apr 20 2007 3:59 PAGE @4/1a Gd4/2e/ 2887 8a:47 8589219186 DEPR } } ; STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, / Case Nos. 2006-011791, 2006-009203 Vv. VERNON JEROME THOMPSON, d/b/a PARADISE DESIGN & CONSTRUCTION, LLC, Respondent. / ADMINISTRATIVE COMPLAINT ~~ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the. Construction Industry Licensing Board, against VERNON JEROME THOMPSON, ("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 C061012, which at all times material hereto has been current and inactive, 3. Respondent's last known address of record is Post Office Box 607851, Otlando, Florida 32860.. In addition, Respondent's last known mailing address is 2263 Kingorest Cirele, Apr 20 2007 3:59 Gd4/2e/ 2887 8a:47 8589219186 DEPR PAGE 45/18 } . ! Apopka, Florida 32712. However, his last known actual address is 4121 Dijon Drive, Orlando, Florida 32808. | 4. At all-times material hereto, Respondent was the primary qualifying agent for Paradise Desigti & Construction, LLC, C"PDC"). 5. Respondent failed to obtain a Certificate of Authority for PDC. 6. Section 489.1195(1)(a), Florida: Statutes, provides that all. primaty 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. COUNTI 7. Petitioner realleges and incorporates the allegations set forth in’ paragraphs 1 through 6 as though fully set forth herein. . g Section 489.119(2)(b), 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 proprictorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 9. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing to comply with a provision of Chapter 489, Part I, Florida Statutes, by violating section 489.119(2)(b), Florida Statutes, by failing to obtain a certificate of authority for PDC. Apr 20 200? 9:00 O4/20/2087 88:47 8589219186 DEPR PAGE 86/18 yo } FACTS PERTAINING TO CASE NO. 2006-011791 10. On or about November 2, 2004, and November 12, 2004, Respondent entered into two contracts with Gilbert Galceran ("Galceran”) to build an addition to his home located at 623 . Stallion Court, Winter Springs, Florida 32708. Hh. The contracts with PDC did not contain information regarding the Florida Hoimeowners' Construction Recovery Fund. | . 12, Respondent failed to include his license number in the contracts. 13... The total price for the contracted construction was approximately $86,000.00, of which $69,050.00 was paid to Respondent. COUNT H 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 10 through 13 as though fullly set forth herein, . 15, Section 489.116(1), Florida Statutes;,.states that a certificateholder or registrant may not engage in contracting unless the cettificateholder or registrant has an active statug certificate or registration. 16. Based on the foregoing, Respondent violated section 489,129(1)(0), Florida Statutes, by failing in ‘any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.116(1), Florida Statutes, by contracting with an inactive license. COUNT TT 17, Petitioner realleges and incorporates the allegations set forth in paragraphs | through 6 and 10 through 13 as though fully set forth herein, Apr 20 200? 9:00 DEPR PAGE 87/18 ad/2a/2087 88:d7 9509219196 . } } 18. Section 489.1425(1), Florida Statutes, states that any agreement or. contract for tepair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer's rights under the Flotida Homeowners’ Construction ‘Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 19, 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, or violating a mile or lawful order of the board, by having violated section 489.1425(1), Flotida Statutes, by failing to include information about the. Florida Homeowners' Construction Recovery Fund in the contracts. . COUNT IV 20. Petitioner realleges and incorporates the allegations set: forth in paragraphs ] through 6 and 10 through 13 -as"though fully set forth herein. 21. Section 489.119(6)(b),- Florida Statutes, requires that the registration or certification number of each contractor appear on each offer of services, business proposal, bid, contract, or advertisement used by that contractor or business organization in the practice of contracting, 22, 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 Chapter 489, Part J, Florida Statutes, by violating section 489.1 19(6)(b), Florida Statutes, by failing to include his license number on the contracts. COUNT V 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 ‘through 6 and 10 through 13 as though fully set forth herein. Apr 20 200? 9:00 Gd4/2e/ 2887 8a:47 8589219186 DEPR PAGE } } 24, Based on the foregoing, Respondent violated section 489,.129(1)(m),; Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. -EACTS PERTAINING TO CASE NO. 2006-009203 - 25. On of about August 3, 2004, Respondent provided Akbar Allan Ali with a proposal to construct a new home to be located at 12700 Windermere Isles Place, Windermere, Florida 34781, 26. Respondent failed to include his license number in the proposal. COUNT VI 27. _ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 25 through 26 as though fully set forth herein. 28 Section 489,116(1), Florida Statutes, states that a certificateholder or registrant ae/1a may’ not' engage in contracting unless the certificateholder or tegistrant hag ati active stats |. certificate or tegi stration. 29. 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 violating a tule or lawful order of the board, by having violated section 489.116(1), Florida Statutes, by contracting with an inactive license, COUNT VII 30, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 25 through 26 as though fully set forth herein. 31. Section 489,119(6)(b), Florida Statutes, requires that the registration ot certification number of each contractor appear on each offer of services, business proposal, bid, Apr 20 200? 9:00 Gd4/2e/ 2887 8a:47 8589219186 DEPR PAGE ag/1a } : } contract, or advertisement used by that contractor or business organization in the practice of contracting. 32. 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 Chapter 489, Part I, Florida Statutes, by violating section 489.119(6)(b), Florida Statutes, by failing to include his license number on the proposal. | COUNT VIII 33. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 6 and 25 through.26 as though fully set forth herein, 34, Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetence or mismanagement 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 au 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, iL Signed this 2.L0! aay ot SPP Ube 2006. F ; Department of Business and Professional Reguiatian AGENCY CLERK Ss Assistant General Counsel » (Wout ve [Bni20e6 Apr 20 200° 9:01 O4/20/2087 88:47 8589219186 DEPR PAGE 16/18 po ' COUNSEL FOR DEPARTMENT: April L. Hammonds Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 ALH/dk PC Found: September 26, 2006 Division : Chung & Cox

Docket for Case No: 07-001818PL