Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: ERNEST GREEN, SR., D/B/A EG AND S BUILDERS, INC.
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Dec. 11, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 9, 2008.
Latest Update: Dec. 24, 2024
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: 8268 WRIGHT FULFORD MOORH
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STATE OF FLORIDA
‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD ,
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, . .
v. . | Case Nos, 2006-032495, 2006-043015
ERNESTGREFN, )
Respondent,
/
_ ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against ERNEST GREEN, ("Respondent"), and says:
1. Petitioner i 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, aud has been at all times material hereto, a Certified Residential
Contractor in the State of Florida, having been issued license number CR C058070, which is
current and active.
3. Respondent's last known address of record is 855 Golfview Avenue, Bartow,
Florida 33380.
. 4, At all times material hereto, Respondent was the qualifying agent for EG & §
Builders, Inc., ("EGS"), which holds certificate of authority, QB 019646, which is current and
active.
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FACTS PERTAINING TO CASE NO. 2006-032495
PSUS EERLAINING TO CASE NO. 2006-032495
5. On or about July 13, 2004, Respondent, doing business ‘as EGS, entered into a
contract with Vonicle J. Thomas ("Thomas") to perform renovations located at her residence
3010 East Shadowlawn Avenue, Tampa, Florida 33610,
6. The total contract price was $5,200.00, which was paid in full by Thomas to EGS.
7. Respondent failed to include his license number on the contract.
8. The contract with EGS did not contain information regarding the Florida
Homeowners’ Construction Recovery Fund.
9. On or about July 13, 2004, EGS commenced work on. Thomas’ construction
project. . ) .
10, Respondent failed to obtain the required permit for ‘Thomas! construction project.
11. On or about July 22, 2004, EGS ceased construction on Thomas’, project prior to
completion without just cause or notice to Thomas.
°12.° At the time construction ocased, approximately 25% of the contracted
construction had been completed.
COUNTI |
13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 12 as though fully set forth herein.
14. - Section 489.119(6)(b), Florida Statutes, Tequires that the registration or
certification number of each contractor appear on each offer of services, business proposal, bid,
vontract, or advertisement used by that contractor or busitiess organization in the practice of
contracting.
aa/17
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15, Based on the foregoing, the Respondent violated section 489. 129(1)G), Florida
Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I,
Florida Statutes, by violating section 489.1 19(6)(b), Florida Statutes,
OUNT It
16. Petitioner tealleges and incorporates the. allegations set forth in paragraphs 1
through 12 as though fully set forth herein,
17. 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 tights under the Florida Homeowners! Construction
Recovery Fund, except where the value of ail labor and materials does not exceed $2,500.00.
18. 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 lawful order of the board, by having violated section
489:1425(1), Florida Statutes. .
| COUNT I :
19, Petitioner realleges and incorporates the allegations set forth in Paragraphs 1
through 12 as though fully set forth herein.
20. Section 489, 126(2)(a), Florida Statutes, states that a contractor who receives, as
an initial payment, money totaling more than 10 percent of the contract price for repair,
restoration, improvement or constriction to residential real Property must apply for permits
necessary to do work within 30 days after the date payment is made, except where the work does
uot require a permit under the applicable codes and ordinances,
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}
21. | Based on the foregoing, Respondent violated section 489.129(1)(2), Florida
Statutes, hy failing j 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
489.126(2)(a), Florida Statutes, ,
COUNT IV
22.° Petitioner realleges and incorporates the allegations set forth in paragraphs |
through 2 as though fully set forth herein,
23. 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 that 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 funds under the terms of the contract or refunds the excess
funds within 30 days after the job is s abandoned. .
COUNT ¥
24, Petitioner realleges and incorporates the allegations set forth in paragraphs |
through 12 as though fully set forth herein.
25. Based on the foregoing, Respondent violated section 489, 129(1)¢j), Florida
Statutes, by abandoning 4 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.
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’ COUNT VI
26. ~ Petitioner realleges and incorporates the allegations s set forth in paragraphs 1
through 12 as though fully set forth herein.
27, Based on the foregoing, Respondent violated section 489,.129(1)(m), Florida
Statutes, by committing incompetence or mismanagement in the practice of contracting.
FACTS PERTAINING TO CASE NO. 2006-043015
~ 28, On or about April 13, 2005, Respondent, doing business as EGS, entered into a
contract with Julie Ann Trammell ("Trammell") to construct a new residence located at 318
Sunshine Drive, Lake Wales, Florida 33859,
29, Respondent failed to include his license number in the contract.
30. . The contract vvith EGS did not contain information regarding -the Florida
| Tomeowners' Construction Recovery Fund. |
. . 31,» The total cuntract price was $218,500.00, of which $155 1281.00 was paid to EGS.
” 32. On or about April 25, 2005, Respondent commenced construction on the project;
however, on or about October 24, 2005, construction ceased ptior to completion without notice
or just cause to, Trammell.
33. On of about January 6, 2006, Customize Electric, Inc. ("CEI"), a subcontractor,
issued a claim of lien against Trammell's property in the amount of $5,793.50 for supplies and/or
services ordered by EGS, .
34, To date, Respondent has not satisfied any of the liens placed on Trammel's
Property,
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, )
COUNT Vit
35. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1
"through 4 and 28 through 34 as though fully set forth herein,
36. Section 489.119(6)0b), 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.
37. 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.
COUNT vit
38. Petitioner realleges aind incorporates thé allegations set forth in paragraphs |
through 4 and 28 through 34 as though fully set forth herein,
39. Section 489.1424(1), Florida Statutes, states that any agreement or conttact for
repair, restoration, improvement or construction to residential real property sust 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.
40, Baséd on the foregoing, Respondent violated section 489,129(1)(i), Florida
Statutes, by failing in any material Tespect 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. 1425(1), Florida Statutes.
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}
COUNT IX
4]. Petitioner realleges and incurporates the allegations set forth in paragraphs 1
through 4 and 28 through 34 as though fully set forth herein.
42. Based on the foregoing, Respondent violated section 489,129(1)(e)1, 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 valid liens
have been recorded against the property of a contractor's customer for supplies or setvices
ordered by the contractor for the custorher's job; the contractor has received funds from the
Customer to pay for the supplies or services; and the contractor has not had-the liens removed
from the property, by payment or by bond, within 75 days after the date of such liens.
COUNT X |
43... Petitioner realleges aud incorporates the allegations set forth in paragraphs 1
through 4 and 28 through 34 as though fully set forth herein.
44. Based on “the foregoing, Respondent violated section 489, 112916), Florida
Statutes, by abandoning 4 construction project in which the contractor ig 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 XI
45, Petitioner Tealleges and incorporates the allegations set forth in paragraphs |
through 4 and 28 through 34 as though fully set forth herein.
46. Based on the forégoing, Respondent violated section 489.129(1)(m), Florida
Statutes, by committing incompetence or mismanagement in the practice of contracting.
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my ,
~~ \ . . _s in
so. , , }
WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing
Board enter an Order i 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 ruleg promulgated thereunder,
Signed this 7 8 day of , 2007.
PC Found: March 27, 2007
-Moye .
Divi: Kalmanson & Husband nevis General Counsel
COUNSEL FOR, DEPARTMENT: :
Joshua B. Moye . _F | L E D
Assislunt General Counsel De
partment of Business and Professional R i
Department of Business and , M eescoeianal Regulation
AGENCY Chirk
Professional Regulation
Office of the General Counsel
1940 N, Monroe Street, Ste. 42
Tallahassee, FL 32399-2202 CuRK Sasoda 2. (Werden evn
Case Nos: 2006-032495, 2006-043015 pare Hh 2007
Docket for Case No: 07-005644
Issue Date |
Proceedings |
Apr. 09, 2008 |
Order Closing Files. CASE CLOSED.
|
Apr. 08, 2008 |
Motion to Relinquish Jurisdiction Without Prejudice filed.
|
Mar. 20, 2008 |
Order (Counsel for Respondent had adequate remedies in the form of a written notice of objections to the interrogatories or a motion for extension of time to answer interrogatories, Counsel for Respondent chose not to pursue those remedies).
|
Mar. 18, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 10 and 11, 2008; 9:00 a.m.; Tampa, FL).
|
Mar. 18, 2008 |
Order (Respondent`s Request for Correction of the Name of the Individual Respondent is granted).
|
Mar. 18, 2008 |
Petitioner`s Memorandum in Opposition of Respondent`s Motion for Rehearing on the Motion for the Order to Show Cause and for Reconsideration of the Order Imposing Sanctions filed.
|
Mar. 14, 2008 |
Respondent`s Consented to Motion for Continuance of Hearing Scheduled for March 20 and 21, 2008 filed.
|
Mar. 14, 2008 |
Respondent`s Counsel`s Notice of Change of Address filed.
|
Mar. 14, 2008 |
Respondent`s Motion for Rehearing on the Motion for Order to Show Cause and for Reconsideration of the Order Inposing Sanctions filed.
|
Mar. 14, 2008 |
Respondent`s Request for Correction of the Name of the Individual Respondent filed.
|
Mar. 12, 2008 |
Notice of Transfer.
|
Mar. 11, 2008 |
Order Imposing Sanctions.
|
Mar. 05, 2008 |
Undeliverable envelope returned from the Post Office.
|
Mar. 05, 2008 |
Notice of Telephonic Motion Hearing (motion hearing set for March 10, 2008; 2:00 p.m.).
|
Feb. 29, 2008 |
Motion for Rule to Show Cause filed.
|
Feb. 25, 2008 |
Undeliverable envelope returned from the Post Office.
|
Feb. 22, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 20 and 21, 2008; 9:00 a.m.; Tampa, FL).
|
Feb. 15, 2008 |
Order (Petitioner`s Motion to Compel is granted, answers to interrogatories must be served by February 18, 2008; Petitioner`s Motion for Attorney`s Fees and Costs is denied).
|
Feb. 14, 2008 |
CASE STATUS: Motion Hearing Held. |
Feb. 14, 2008 |
Notice of Service of Respondent`s Response to Petitioner`s Request for Production of Documents to Respondent filed.
|
Feb. 14, 2008 |
Notice of Hearing filed.
|
Feb. 13, 2008 |
Motion to Continue Hearing filed.
|
Feb. 11, 2008 |
Motion to Compel Discovery, Taxing Attorney`s Fees and Costs filed.
|
Feb. 11, 2008 |
Amended Unilateral Pre-hearing Stipulation filed.
|
Feb. 08, 2008 |
Joint Pre-hearing Stipulation filed.
|
Jan. 03, 2008 |
Order of Pre-hearing Instructions.
|
Jan. 03, 2008 |
Notice of Hearing (hearing set for February 18 and 19, 2008; 9:00 a.m.; Tampa, FL).
|
Dec. 27, 2007 |
Respondent`s Response to Petitioner`s First Request for Admissions to Respondent filed.
|
Dec. 27, 2007 |
Respondent`s Response to Petitioner`s First Request for Admissions to Respondent filed.
|
Dec. 26, 2007 |
Order of Consolidation (DOAH Case Nos. 07-5643 and 07-5644).
|
Dec. 24, 2007 |
Joint Response to Initial Order filed.
|
Dec. 18, 2007 |
Notice of Service of Interrogatories filed.
|
Dec. 18, 2007 |
Petitioner`s First Request for Admissions to Respondent filed.
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Dec. 18, 2007 |
Petitioner`s First Request for Production to Respondent filed.
|
Dec. 12, 2007 |
Initial Order.
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Dec. 11, 2007 |
Election of Rights filed.
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Dec. 11, 2007 |
Administrative Complaint filed.
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Dec. 11, 2007 |
Agency referral filed.
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