b ey . De-o94s PL _ STATE OF FLORIDA 1E DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-012704 Vv. 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. ("HHSF"), which has a certificate of authority, QB 13128. 1 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 February 4, 2005, HHSF entered into a contract with Deborah Harrison ("Harrison") to build a home on the property located at 403 sw 26" Place, Cape Coral, FL 33991, 7. The total contract price was $174,932.00, of which $15,627.50 was paid to HHSF on or about March 16, 2005. 8. A permit to construct a sea wall on Harrison’s property was applied for on June 9, 2005, with the sea wall passing final inspection on or about October 18, 2005. 9. Respondent applied for a permit on July 26, 2005. The permit was approved on or about August 18, 2005. 10. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date or picked up the permit upon approval. ll. . As a result, the permit has expired and is now void as it was never renewed by Respondent or HHSF. 12. Neither Respondent nor HHSF completed any work from the date the permit was approved on or about August 18, 2005 through February 20, 2007. 13. There was no just cause for Respondent and/or HHSF to fail to complete any work during the time period from August 18, 2005 until February 20, 2007. 14. Financing and funding for the construction loan remained in place from August 18, 2005 until February 20, 2007. 15. There were no financial issues on part of Harrison that caused any delays or abandonment of the construction work by Respondent or HHSF. 16. There are‘at least ninety (90) days between August 18, 2005 and February 20, 2007, in which Respondent did no work and did not have just cause for failing to complete any work during that period. 17. 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. COUNTI . 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 19. 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 II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 21. 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 HI 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 23. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes, by failing to obtain or even apply for the necessary permit to begin work. COUNT IV. 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 23 as though fully set forth herein. . 25. 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, dény 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. Signed this _/2_ day of , 2007. By: ew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: F | L E D Department of Business and Professional Regutation Matthew D. Morton AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel CLERK Sunk Z. Sa fbb ~ 1940 N. Monroe Street, Ste. 42 ote. 7 -Le- ZT. oD Tallahassee, FL 32399-2202 PC Found: July 3, 2007 4 Div. i: Clark & Burke MEMORANDUM OF FINDING OF PROBABLE CAUSE TO: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OFFICE OF THE GENERAL COUNSEL-LEGAL C FROM: CHAIRPERSON, PROBABLE CAUSE PANEL, DIVISION I BOARD: CONSTRUCTION INDUSTRY LICENSING BOARD RE: Paul Hansen CASE NO. 2007-012704 LICENSE NO.: CRC 56902 JUL 0 3 2007 DATE OF PROBABLE CAUSE PANEL MEETING: THIS MATTER WAS BROUGHT BEFORE THE PROBABLE CAUSE PANEL MEMBERSHIP COMPOSED OF:__Zlac k + Bucke 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. ae 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)(), 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: 08-000945PL