Os: O98 PL STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2006-048956 PAUL H. HANSEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against PAUL H. 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 CR C056902, which is current and active. 3. Respondent's last known addresses of record are 1424-2 S.E. 17th Avenue, Cape Coral, Florida 33990 and P.O. Box 151735, Cape Coral Florida 33915-1735. 4. At all times 1._.cerial hereto, Respondent was the qual._, ing agent for Hansen Homes of South Florida, Inc., ("HHSF"), which holds certificate of authority, QB 013 128, and is current and active. 5. On or about July 15, 2004, HHSF entered into two separate contra& with Robert Murphy ("Murphy") for the construction of two residences to be located at 731 Cairo Street, Lehigh Acres, Florida 33836 and 733 Cairo Street, Lehigh Acres, Florida 33836. 6. The contract price for each residence was $145,850.00, of which $20,135.00 was paid by Murphy to HHSF for each residence, for a total of $40,270.00 paid to HHSF. 7, HHSF did apply for a permit for the property located at 731 Cairo Street, Lehigh Acres, FL 33836 on or about June 7, 2005. That permit was ready to be picked up on or about June 28, 2005; however, neither HHSF nor Respondent ever appeared to pick up the permit or pay the fees outstanding on the permit and that permit has now expired. 8. HHSF did apply for a permit for the property located at 733 Cairo Street, Lehigh Acres, FL 33836 on or about June 6, 2005. That permit was ready to be picked up on or about June 29, 2005; however, neither HHSF nor Respondent ever appeared to pick up the permit or pay the fees outstanding on the permit and that permit has now expired. 9. Neither HHSF nor Respondent completed any work on the property located at 731 Cairo Street, Lehigh Acres, FL 33836 nor was any of the monies paid by Murphy refunded. 10. Neither HHSF nor Respondent completed any work on the property located at 733 Cairo Street, Lehigh Acres, FL 33836 nor was any of the monies paid by Murphy refunded. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 12. Section 489... ~0(2)(a), Florida Statutes, states that a cu_.ractor who receives, as an initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances. 13. Based on the foregoing, 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, or violating a rule or lawful order of the board, by having violated section 489.126(2)(a), Florida Statutes. COUNT IT 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 15, 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 Ill 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 17, Based on the . vregoing, Respondent violated section +. .129(1)(j), Florida Statutes, by abandoning a 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 IV 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 19, Based upon the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain the appropriate and necessary permits to begin construction, COUNT V 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 21. _ Based upon the foregoing, Respondent violated section 489.129(1)(1),. Florida Statutes, by committing fraud or deceit in the practice of contracting. COUNT VI 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 23. 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 prosecutiv:., 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 ZB day of , 2007. PC Found: March 27, 2007 Div I: Kalmanson & Husband Mafthew D. Morton : Assistant General Counsel COUNSEL FOR DEPARTMENT: F | L E D Matthew D. Morton Department of Business and Professional Regutation Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 cuRK Soged Xe Workwn nm . Tallahassee, FL 32399-2202 pate An} - 2007 Case No: 2006-048956

Docket for Case No: 08-000928PL