Feb 12 2008 9:31 @2/12/2888 89:28 4874258268 WRIGHT FULFORD MOORH PAGE @4/@6 ain > + Pa STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2006 049667 RICHARD A. BROCHU, D/B/A COUNTRYWIDE REALTY NETWORK, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RICHARD A, BROCHU, D/B/A COUNTRY WIDE REALTY NETWORK, INC., ("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 Building Contractor in the State of Florida, having been issued license number CB C1253042, which is current and active. 3. Respondent's last known address of record is 7067 Peninsula Court, Take Worth, Florida 33467, Feb 12 2008 9:31 @2/12/2888 89:28 4874258268 WRIGHT FULFORD MOORH PAGE 85/86 . . oe moo a?! en 4. At all times material hercto, Respondent was the qualifying agent for Countrywide Realty Network, Inc., which holds certificate of authority number QB40771. 5. 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. On or about May 4, 2006, Respondent contracted with David Weatherspoon ("Weatherspoon”") to retnodel the Weatherspoon residence located at 258 NE 11" Street, Delray Beach, Florida. 7. The contract price was $21,306.64 and Respondent was paid $19,300.00. 8. Respondent commenced work on the project, including plumbing and clectrical work. 9. Respondent failed to obtain a permit for the project, and plumbing and electrical permits were required. COUNT I 10. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 11. Based on the foregoing, Respondent violated section 489,129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable focal building department permits and inspections. COUNT IH 12. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. @2/12/2888 89:28 4874258268 . , “sp Feb 12 2008 9:32 WRIGHT FULFORD MOORH mT ? PAGE 86/86 13. Based on the foregoing, the Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. _ WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penaltiés: 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 States, and/or the rules promulgated thereunder. Pe Fevnds | COUNSEL FOR DEPARTMENT: Jeffrey Kelly Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 JJK/ad Case No: 2006-049667 wh Signed this 4 day of 2007. y Kelly “Assistant General Counsel FILED Dapartment of Business and Professional Reguiation AGENCY CLERK CLERK ry 2. Wan ne

Docket for Case No: 08-000709