OS -OS0I PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD - DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-024004 Vv. PAUL HANSEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against PAUL HANSEN, ("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 Residential Contractor in the State of Florida, having been issued license number CRC 56902. 3. Respondent's last known addresses of record are 1424-2 SE 17" Avenue, Cape Coral, FL 33990; P. O. Box 151735, Cape Coral, FL 33915-1735; and, 1436 SE 16" Place, Cape Coral, FL 33909. 4, At all times material hereto, Respondent was the primary qualifying agent for Hansen Homes of South Florida, Inc. ("HHSF"), which has a certificate of authority, QB 13128. 1 5. Section 489.. 5(1)(a), Florida Statutes, provides tha: 4 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. On or about May 10, 2005, HHSF entered into a contract with Michael Kulisch ("Kulisch") to build a home on the property located at 1217 SW 13" Terrace, Cape Coral, FL 33991. 7. The total contract price was $161,325.00, of which $16,132.50 was paid to HHSF on or about July 8, 2005. 8. Respondent did not apply for a permit until December 7, 2006. 9. The permit was approved and ready to be picked up on or about January 31, 2007. 10. Neither Respondent nor anyone on behalf of HHSF attempted to pick up the permit or pay the necessary fees to have the permit issued. 11. On or about April 18, 2007, Respondent forwarded a letter requesting to have the permit voided. 12. Neither Respondent nor HHSF performed any work from the date payment was received on or about July 8, 2005 until the date of application for the permit on or about December 7, 2006. 13. Financing and funding for the construction loan remained in place for a period that covered in excess of ninety (90) days between July 8, 2005 through the date of permit application on or about December 7, 2006. 14. | There has been a period of at least ninety (90) days from the date the payment was received on or about July 8, 2005 to December 7, 2006, in which Respondent and/or HHSF did not complete any work. 15. There was nv _ .st cause for Respondent to fail to com, .te any work from July 8, 2005 to December 7, 2006. 16. Neither Respondent nor HHSF performed any work from the date the permit was ready to be picked up on or about January 31, 2007 until the date of April 12, 2007. 17, There was no just cause for Respondent to fail to complete any work from January 31, 2007 to April 12,2007. 18. At the time of abandonment, the percentage of completion of work by Respondent and/or HHSF is less than the amount of monies received by Respondent and/or HHSF. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 20. 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 abandoned. COUNT II 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 22. Based on the —_regoing, Respondent violated section /.129(1)(j), Florida Statutes, by abandoning the 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 III 23. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 18 as though fully set forth herein. 24, Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on this job without paying the necessary fees to have the permit issued, failing to obtain the permit once it was approved and failing to obtain any inspections. COUNT IV 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 24 as though fully set forth herein. 26. 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 tegistration, 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. autes, and/or the rules promulgated the under. Signed this 273 day of QA 2007. PC Found: October 23, 2007 - Div. I: Chung & Husband By:~ Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: Matthew D. Morton F | L tation Assistant General Counsel Oepartment of Business and Professional Regula Department of Business and AGENCY CLERK Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 unk Sinedr £2 Wouhon on 1\-9-Z0C07 DATE nee

Docket for Case No: 08-000502PL