" a2/e. “>e98 14:87 Feb 1 2008 14:10 98742582668 © WRIGHT FULFORD MDORH PAGE @3/55 o> _™, 1 OK 0607 pL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I \)EPARTMENT OF BUSINESS AND “ROFESSIONAL REGULATION, Petitioner, Case No. 2006-070043 i AUL HANSEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAT, F EGULATION, ("Petitioner"), files this Administrative Complaint before the Construction | dustry 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 — miractor in the State of londa, having been issued license number CRC 56902. 3. Respondent's last knuwn addresses of record are 1424-2 SE 17" Avenue, Cape “ral, FL 33990; P O Box 151735, Cape Coral, FL 33915-1735; and, 1436 SE 16" Place, Cape ural, FL 33909. 4. At all times material hereto, Respondent was the primary qualifying agent for tisnsen Homes of South Florida, Inc. ("HHSF"), which has a certificate of authority, QB 13128. I Feb 1 2008 14:10 “gove: 2a88 14:87 4a74250260 WRIGHT FULFORD MOORH PAGE 5. Section 489 ~95(1)(a), Florida Statutes, provides thy ‘primary qualifying igents for a business organization are jointly and equally responsible for supervision of all iperations of the business Organization; for all field work at all sites; and for financial matters, oth for the organization in general and for each specific job. 6. On or about May 31, 2005, HHSF entered into a contract with Steve Frank ‘Frank") to build a home on the Property located at 710 NW 17" Place, Cape Coral, Florida. 7. The tolal contract price was $175,191.00, of which $17,519.00 was paid to HHSF n or about July 18, 2005. 8. Respondent did not apply for a permit to complete any work on Frank's property. 9. Neither Respondent nor HHSF performed any work from the date payment was riade on July 18, 2005, ' t t 10. Financing and funding for the construction loan remained in place for a period ‘at covered in excess of ninety (90) ‘af between July 18, 2005 and May 4, 2007. 11. There. is at least one niney (90) day period between July 18, 2005 and May 4, 907, in which Respondent did no workjand did not have just cause for failing to complete any < atk during each said ninety (90) day period 12. At the time of abanduunént, the percentage of completion of work by Respondent and/or WHSF is less than the amount of nonics received by Respondent and/or HHSF, Petitioner realleges and inlcorporates the allegations set forth in paragraphs 1 COUNT J 13. through 12 as though fully set forth herein, 84/55 Feb 1 2008 14:10 ‘o2ve. 2ada 14:07 4474258268 WRIGHT FULFORD MOORH PAGE @5/55 14. Basedon th regoing, Respondent violated section ”),129(1)(2)2, Florida atatutes, by committing mismanagement or misconduct in the practice of contracting that causes ‘inancial harm to a customer, Financial mismanagement or misconduct occurs when the ontractor has abandoned a customer's job and the percentage of completion is less that than the ercentage of the total contract price paid to the contractor as of the time of abandonment, unless ‘he contractor is entitled to retain such funds under the terms of the contract or refunds the excess ‘ands within 30 days after Ue job is abandoned, COUNT II 15.. Petitioner realleges and incorporates the allegations set forth in paragraphs ] ‘srough 12 as though fully set forth herein. 16. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida ‘‘alutes, by abandoning the construction project in which the contractor is engaged or under “antract as a contractor, A project may be presumed abandoned after 90 days if the contractor ' eminates the project without just cause or without proper notification to the owner, including ‘-¢ reason for termination, or fails to perform work without just cause for 90 consecutive days, COUNT Il 17, Petitioner realicges and incorporates the allegations set forth in paragraphs | ":ough 12 as though filly set forth herein. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Satutes, by proceeding on this Job without obtaining the necessary permit. COUNT Iv 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 trough 18 as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida S* tutes, by committing incompetence or mismanagement in the practice of contracting Feb 1 2008 14:11 ‘ a2ve: | 2908 14:87 4874258268 WRIGHT FULFORD MOORH PAGE @6/55 any WHEREFORE, Pet “her respectfully requests the Construc, : | Industry Licensing Hoard enter an Order imposing one or more of the following penalties: place on probation, eprimand the licensce, revoke, suspend, deny the issuance or rencwal of the certificate or sgistration, require financial restitution to a consumer, impose an administrative fine not to ~xceed $5,000 per violation, require continuing education, assess costs associated with "vestigation and prosecution, impose any or all penalties delineated within section 455.227(2), ‘lorida Statutes, and/or: any other relief that the Board is authorized to impose pursuant to ‘ hapters 489, 455, Florida Statutes, and/or the rulcs promulgated thereunder. Signed this low day of fadyl , 2007. By: Matthew D. Morton Assistant General Counsel ‘’JUNSEL FOR DEPARTMENT: \tatthew D. Morton ; F | L E D lation ‘\ isistant General Counsel Department of Business and Protessional Regu i epartment of Business and AGENCY CLERK !-ofessional Regulation (five uf the General Counsel 140 N. Monroe Street, Ste. 42 ‘Tallahassee, FL 32399-2202 CLERK Cored Fd . WWerben ave -_ —_ DATE PC Found; July 3, 2007 Div. I: Clark & Burke

Docket for Case No: 08-000607PL