O%-OS0S 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. 2007-016610 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. _.{ 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 April 23, 2005, HHSF entered into a contract with Keith Heptig ("Heptig") to build a home on the property located at 1834 NW 15" Terrace, Cape Coral, Florida. 7, The total contract price was $156,175.00, of which $15,617.50 was paid to HHSF on or about June 16, 2005. 8. Respondent applied for a permit on or about December 7, 2006. The permit was approved on or about January 5, 2007. 9. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date or picked up the permit upon approval. 10. Neither Respondent nor HHSF performed any work from the date payment was made on or about June 16, 2005 until the permit application was submitted on or about December 7, 2006. 11. Neither Respondent nor HHSF paid the permit application fees as would be required to be able to have the permit issued. 12. Neither Respondent nor HHSF picked up the permit or completed any work from the date the permit was approved on or about January 5, 2007 through May 23, 2007 when the permit was voided. 13. Financing and funding for the construction loan remained in place for a period that covered in excess of ninety (90) days between June 16, 2005 and May 23, 2007. 14. There is at least one ninety (90) day period between June 16, 2005 and December 7, 2006, in which Respondent did no work and did not have just cause for failing to complete any work during each said ninety (90) day period. 15. There has been at least ninety (90) days from the date the permit was approved on or about January 5, 2007 to May 23, 2007, in which Respondent and/or HHSF did not complete any work. 16. There was no just cause for Respondent to fail to complete any work from January 5, 2007 to May 23, 2007. 17, 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 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 19. 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 20. __ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 489.129(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. 3 COUNT III 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 23. Based upon the foregoing, the Respondent violated Section 489,129(1)(0), Florida Statutes, by proceeding on this job without obtaining the necessary permits. COUNT IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 23 as though fully set forth herein. 25. 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 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 rules promulgated thereunder. th ; Signed this TZ 1 sy of -__, 2007. By: Matthew D. Morton Assistant General Counsel FILE Department of Business and Professional | Regulation AGENCY CLERK - cuRK Seg why 2 Wohnen 1-30-2007 4 DATE COUNSEL FOR DEPARTI.. NT: Matthew D. Morton Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202

Docket for Case No: 08-000505PL