Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: PAUL HANSEN
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Feb. 21, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 30, 2008.
Latest Update: Dec. 23, 2024
0 K-04 57 PL C8 pe D5) be A
RE fs 709
STATE OF FLORIDA é
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA a)
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, Case No. 2007-007313
v.
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. ("HHSEF"), which has a certificate of authority, QB 13128.
1
5. Section 489. '5(1)(a), Florida Statutes, provides tha 1 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 September 27, 2005, HHSF entered into a contract with Aaron Wolff
("Wolff") to build a home on the property located at 126 SW 22™ Street, Cape Coral, Florida.
7. The total contract price was $232,441.00, of which $23,244.10 was paid to HHSF
on or about November 18, 2005.
8. Respondent did not apply for a permit to complete any work on Wolff S property.
9. Neither Respondent nor HHSF performed any work from the date payment was
made on November 18, 2005 to May 4, 2007.
10, Financing and funding for the construction loan remained in place for a period
that covered in excess of ninety (90) days between November 18, 2005 and May 4, 2007.
11. There is at least one ninety (90) day period between November 18, 2005 and May
4, 2007, 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.
12. 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
13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 12 as though fully set forth herein.
14. Based on the egoing, Respondent violated section. «1 29(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
15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1
through 12 as though fully set forth herein.
16. 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.
COUNT III
17. Petitioner realleges and incorporates the allegations set forth in paragraphs’ 1
through 12 as though fully set forth herein.
18. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida
Statutes, by proceeding on this job without obtaining the necessary permits.
COUNT IV
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)Gn), Florida
Statutes, by committing incompetence or mismanagement in the practice of contracting
WHEREFORE, Pet _ ner respectfully requests the Construc 1 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.
4 , .
Signed this _/O™ day of fly , 2007.
COUNSEL FOR DEPARTMENT:
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
PC Found: July 3, 2607
Div. I: Clark & Burke
By! Matthew D. Morton
Assistant General Counsel
MEMORANDUM OF FINDING OF PROBABLE CAUSE
TO: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS 2 layin);
ICE OF THE GENERAL COUNSEL-LEGAL C ig
FROM: CHAIRPERSON, PROBABLE CAUSE PANEL, DIVISIONI
BOARD: CONSTRUCTION INDUSTRY LICENSING BOARD .
RE: Paul Hansen CASE NO. 2007-07313
LICENSE NO.: CRC 56902 JUL 9 3 2007
DATE OF PROBABLE CAUSE PANEL MEETING:
THIS MATTER WAS BROUGHT BEFORE THE PROBABLE CAUSE PANEL MEMBERSHIP
COMPOSED OF: Clark ¢ Burke ON THE DATE SET FORTH ABOVE. THE PANEL,
HAVING RECEIVED THE INVESTIGATIVE REPORT, HAVING CAREFULLY REVIEWED THAT REPORT,
HAVING REVIEWED THE RECOMMENDATION OF THE DEPARTMENT AND HAVING HAD THE
OPPORTUNITY TO INQUIRE OF COUNSEL AND BEING OTHERWISE DULY ADVISED IN THE
PREMISES THEREOF, FINDS THAT:
PROBABLE CAUSE WAS NOT FOUND IN THIS CASE.
Lo PROBABLE CAUSE WAS FOUND ON THE FOLLOWING STATUTORY AND RULE
GROUNDS, INCLUDING BUT NOT LIMITED TO, SECTIONS:
489.129(1)(2)2, F.S., 489.129(1)(j). F.S..489.129(1)(0), F.S., and 489.129(1)(m), F.S.
PROBABLE CAUSE WAS FOUND TO AMEND THE ADMINISTRATIVE COMPLAINT AS
FOLLOWS:
ALTHOUGH PROBABLE CAUSE WAS PREVIOUSLY FOUND, THE ADMINISTRATIVE
COMPLAINT SHOULD BE DISMISSED
[AIRPERSON, PROBABLE CAUSE PANEL
Docket for Case No: 08-000927PL
Issue Date |
Proceedings |
May 30, 2008 |
Order Closing Files. CASE CLOSED.
|
May 29, 2008 |
Unopposed Motion to Relinquish Jurisdiction filed.
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May 28, 2008 |
Notice of Transfer.
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Apr. 30, 2008 |
Notice of Filing Deposition for Jim Litterello filed.
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Apr. 30, 2008 |
Notice of Filing Response to Petitioner`s First Set of Interrogatories, First Request for Production and First Request for Admissions filed.
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Apr. 30, 2008 |
Respondent`s Response to Petitioner`s First Request for Production filed.
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Apr. 30, 2008 |
Respondent`s Response to Petitioner`s First Set of Interrogatories filed.
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Apr. 30, 2008 |
Respondent`s Response to Petitioner`s Request for Admissions filed.
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Apr. 24, 2008 |
Notice of Intent to Serve Subpoena Duces Tecum filed.
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Apr. 17, 2008 |
Respondent`s First Request for Production filed.
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Apr. 17, 2008 |
Respondent`s First Set of Interrogatories to Petitioner, Department of Business and Professional Regulation filed.
|
Apr. 17, 2008 |
Notice of Filing Respondent`s First Set of Interrogatories to Petitioner and Respondent`s First Request for Production to Petitioner filed.
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Apr. 09, 2008 |
Order Granting Extension of Time (Respondent shall respond to Petitioner`s discovery requests on or before April 28, 2008).
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Apr. 04, 2008 |
Petitioner`s Response to Motion for Enlargement of Time filed.
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Apr. 04, 2008 |
Motion for Enlargement of Time filed.
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Mar. 26, 2008 |
Notice of Service of Interrogatories filed.
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Mar. 26, 2008 |
Petitioner`s First Request for Admissions to Respondent filed.
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Mar. 26, 2008 |
Petitioner`s First Request for Production to Respondent filed.
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Mar. 24, 2008 |
Order of Pre-hearing Instructions.
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Mar. 24, 2008 |
Notice of Hearing (hearing set for June 2 through 6 and 9 through 13, 2008; 9:00 a.m.; Fort Myers, FL).
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Mar. 20, 2008 |
Order of Consolidation (DOAH Case Nos. 08-0502PL, 08-0503PL, 08-0504PL, 08-0505PL, 08-0506PL, 08-0607PL, 08-0608PL, 08-0609PL, 08-0610PL, 08-0924PL, 08-0925PL, 08-0926PL, 08-0927PL, 08-0928PL, 08-0945PL, 08-0959PL, 08-0960PL, 08-0961PL, 08-0962PL, 08-0963PL, 08-0964PL, 08-0966PL, 08-0967PL, 08-0968PL, 08-0969PL, 08-0970PL, 08-0971PL, 08-0972PL, 08-0973PL, 08-1019PL, 08-1020PL, 08-1021PL, 08-1022PL, 08-1023PL, 08-1039PL, 08-1040PL, 08-1302PL).
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Mar. 12, 2008 |
Notice of Service of Interrogatories filed.
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Mar. 12, 2008 |
Petitioner`s First Request for Production to Respondent filed.
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Mar. 12, 2008 |
Petitioner`s First Request for Admissions to Respondent filed.
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Feb. 28, 2008 |
Unilateral Response to Initial Order filed.
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Feb. 26, 2008 |
Unilateral Response to Initial Order filed.
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Feb. 26, 2008 |
Notice of Appearance (filed by D. Perera).
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Feb. 21, 2008 |
Initial Order.
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Feb. 21, 2008 |
Answer to Administrative Complaint filed.
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Feb. 21, 2008 |
Election of Rights filed.
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Feb. 21, 2008 |
Administrative Complaint filed.
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Feb. 21, 2008 |
Referral Letter filed.
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