May 25 200° 9:47 g5/ 25/2887 8:34 8589219186 DEPR PAGE 3/12 } \ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2005-050027 STEVEN ROBERT ROBINSON, _ D/B/A FLORIDA CONTRACTORS OF MARTIN COUNTY, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL ' REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against STEVEN ROBERT ROBINSON ("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 048670, currently active, and a Certified Mechanical Contractor, in the State of Florida, having been issued license number CM C056250, currently active. 3, Respondent's last known address of record is 8441 SE Retreat Drive, Hobe Sound, FL 33455. . May 25 200° 9:47 g5/ 25/2887 8:34 8589219186 DEPR PAGE @4/12 } } 4, At all times material hereto, Respondent was the primary qualifying agent for FLORIDA CONTRACTORS OF MARTIN COUNTY, INC. ("Florida Contractors of Martin County"). 3. 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. Respondent failed to obtain a certificate of authority for Florida Contractors of Martin County. 7. On or about July 23, 2005, Respondent, doing business as Florida Contractors of Martin County, entered into a-contract with Lawrence M. Change ("Change") to remodel Mr. Change's residence located at 7482 N.W. 43 Place, Lauderhill, Florida’33319. 8. The contract did not include notification of the Construction Industry Recovery Fund. 9. The contract price was $12,500.00, of which Mr, Change paid $6,250.00 to Respondent on or about July 23, 2005. This amount paid to Respondent constitutes fifty percent (50%) of the contract price. 10. ' At all times material hereto, Respondent failed to obtain a permit for the contracted project. 11. Respondent proceeded on job without obtaining a permit by installing a lighting system. May 25 200° 9:47 g5/ 25/2887 8:34 8589219186 DEPR PAGE 5/12 } ) 12. Despite being paid fifty percent of the contract price, Respondent abandoned the contract by failing to retum to work on the project after installing the lighting system. ) 13. At all times material hereto, Respondent failed to refund any money to Mr. Change. 14. Mr. Change was required to hire another contractor, Handyman Connection, to complete the job for $12,676.40, 15. As Respondent did not complete any of the remodeling work while being paid fifty percent of the contract price, the percentage of the contract price exceeded the percentage of contracted work completed at the time of Respondent's ab andonment, COUNT! 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 15 above as though fully set forth herein. 17. 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. 18. Based on the foregoing, Respondent violated section 489.129(1)(4), Florida Statutes, by violating section 489.119(2)(b), Florida Statutes, by failing to obtain a certificate of authority for Florida Contractors of Martin County. COUNT H May 25 200° 9:47 5/25/2687 89:34 8589219186 DEPR PAGE 86/12 19. Petitioner] re-alleges and incorporates the allegations set forth in paragraphs 1 through 15 above as though fully set forth herein. 20. 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 consuimer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 21. 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 rule or Jawful order of the board, by having violated section 489.1425(1), Florida Statutes. COUNT OI 22. Petitioner re-alleges and incorporates the allegations set forth ih paragraphs | through 15 above as though fully set forth herein. ' 23. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida States, by abandoning a construction project in which the contractor is engaged or under contract as 4 contractor. 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 IV 24, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 15 above as though fully set forth herein. May 25 200° 9:48 g5/ 25/2887 8:34 8589219186 DEPR PAGE @7/12 ) } 25, 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 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 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. COUNTY 26. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 27, 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 mule or lawful-order of the board by working outside the scope of his license, in violation of Section 489,113(3), Florida Statutes, COUNT VI 28. ‘Petitioner te-alleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully s set t forth herein. 29. _ Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT VII 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 15 above as though fully set forth herein. May 25 200° 9:48 g5/ 25/2887 8:34 8589219186 DEPR PAGE 8/12 31. | Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetency 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 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 niles promulgated. thereunder. Signed this G3 __ day of foo 200%, Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 (850) 488-9038 Case # 2003-050027 FILED Department of Business and Professional Regulation AGENCY CLERK . PC Found 01/23/07 | Division fl: Flaherty & Watts Division T. Del Vecchio & Kane CLERK Suds f. (Jeter ony DATE 2-2)-Z00]

Docket for Case No: 07-002340