Feb 13 2008 13:50 g2/1a/28ee 13:45 4874258268 WRIGHT FULFORD MOORH PAGE 1@/1d4 as, an E i STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTR ON INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS |AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2007-011870 DAVID J. WORLEY D/B/A FOUR D DEVELOPMENT, INC., Respondent. Petitioner, DEPARTMENT OF BUSINESS AND) PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID J. WO. Vv, D/B/A FOUR D DEVELOPMENT, INC, (“Respondent”), and says: 1. Petitioner is the s if 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, atd has been at all times material hereto, a Certified Residential Contractor, in the State of Flprifia, having been issued license number CR C020161, which is currently cutrent and active. 3. Respondent's addiess of record is P.O. Box 1641, Lutz, Florida 33549. 4, At all times matdrial hereto, Respondent was the primary qualifying agent for Four D Development, Inc. (“Four D Development”). Feb 13 2008 13:50 a2/13/2808 13:45 dard25a26a WRIGHT FULFORD MOORH PAGE 11/14 a ~\ 5. At all times material hereto, Four D Development did not have a qualified business license. 6. Section 489.1195 agents for a business organizati operations of the business organi both for the organization in gerier: 7. On or about I Development, entered into a residence at Lot 4, Block 1, Sw 8. Homeowners’ Construction Reco 9. The contract pric Clark has paid Respondent appro. 10. Worley abandoned 11. At the time Worle: than the percentage of the total |co 12.‘ To date, Responde: 13. Respondent obtain otherwise finalize the permit. 14, Petitioner reallege: through thirteen as though fully at The contract fail ra (a), Florida Statutes, provides that all primary qualifying are jointly and equally respongible for supervision of all ation; for all field work at all sites; and for financial matters, ljand for each specific job. ember 21, 2005, Respondent, doing business as Four D nitract with John Clark (“Clark”) to build a single-family ater Estates, Sweetwater Drive, Tampa, Florida. d to include provisions notifying Clark of the Florida ery Fund. for the aforementioned project was $301,000.00, of which imately $86,000.00. the project. abandoned the project, the percentage of completion was less tract price paid by Clark at the time of abandonment. has failed to provide any amount of restitution to Clark. da permit for the project, but failed to pass final mspection or COUNTI and incorporates the allegations set forth in paragraphs one forth herein. Feb 13 2008 13:51 g2/1a/28ee 13:45 4874258268 WRIGHT FULFORD MOORH PAGE 12/14 i 15. Section 489.1195{1)(a), Florida Statutes, provides that all primary qualifying agents for a business organizatipn are jointly and equally responsible for supervision of all operations of the business organization; for all ficld work at all sites; and for financial matters, both for the organization in generp] and for each specific job. If. Based on the fordgbing, 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 489.1195(1)(a), Florida Statutes. COUNT H 17. Petitioner reall¢gds|and incorporates the allegations set forth in paragraphs one through thirteen as though fully spt forth herein. 18. Section 489.1425(1}, Florida Statutes, requires that any agreement or contract for repair, restoration, improvement, jor construction to residential real property must contain a -written statement explaining (he| onsumer’s rights under the recovery fund, except where the value of all labor and materials do¢s not exceed $2,500.00. 19. Based on the ford¢going, the Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any materifl respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating [ ion 489.1425(1), Florida Statutes. COUNT JIT 20, Petitioner reallegds| and incorporates the allegations set forth in paragraphs one forth herein. through thirteen as though fully = 21, Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm lo a custujuet, Financial mismanagement or misconduct occurs when the 3 a2/13/ 2888 13:45 4874258268 —~, contractor bas abandoned a custo: percentage of the total contract] pr the contractor is entitled to retain Feb 13 2008 13:51 WRIGHT FULFORD MOORH PAGE i er's job and the percentage of completion is less that than the ce paid to the contractor as of the time of abandonment, unless uch funds under the terms of the contract or refunds the cxcess funds within 30 days after the job |ig abandoned. 22. ‘Petitioner reallege. through thirteen as though fully s 23. Based on the fo Statutes, by abandoning a const contract as a contractor. A proje terminates the project without jugt COUNT IV and incorporates the allegations set forth in paragraphs one t forth herein. going, Respondent violated section 489.129(1)qj), Florida ction project in which the contractor is engaged or under t|may be presumed abandoned after 90 days if the contractor 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. 24. through thirteen as though fally s 25, Based upon the for Statutes, by proceeding on any jo) inspections. 26. ‘Petitioner reallege through thirteen as though fullyse 27. Based on the for Statutes, by committing incompet COUNT V. Petitioner realleges| and incorporates the allegations set forth in paragraphs one forth hercin. | going, the Respondent violated Section 489.129(1)(o), Florida without first| obtaining applicable local building permits and COUNT VI and incorporates the allegations set forth in paragraphs one forth herein. going, Respondent violated section 489.129(1)(m), Florida mee or mismanagement in the practice of contracting. 4 13/14 g2/1a/28ee 13:45 4874258268 ia] WHEREFORE, Petitio Board enter an Order imposing reprimand the licenses, revoke, Feb 13 2008 13:51 WRIGHT FULFORD MOORH PAGE 14/14 ~ respectfully requests the Construction Industry Licensing lohe or more of the following penallies: place on probation, suspend, deny the issuance or renewal of the certificate or registration, require financial |regtitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violatio: investigation and prosecution, jim require continuing education, assess costs associated with pose 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. =. Signed th: PC Found: September 25, 2007 Div I: Stewart & Thoruton COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #: 2007-011870 KDC 23” day of Saget , 2007. Apri] Hammonds Chief Construction Attorney FILED Oepartment of Business and Professional Regulation AGENCY CLERK CLERK Sirah 2. i ee OD DATE, balty Aad

Docket for Case No: 08-000722