& LD | ic <~ &OFlee PL %, SD Soy. 2 a the 4st Sin ® STATE OF FLORIDA OW, ~O DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Tagg 4 Ge “5 CONSTRUCTION INDUSTRY LICENSING BOARD oS hs DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-005627 . 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 48! .95(1)(a), Florida Statutes, provides th. 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 22, 2005, HHSF entered into a contract with Etta Kohl ("Kohl") to build a home on the property located at 2153 NW 17" Place, Cape Coral, FL 33993 (“Property 1”). 1. The total contract price for Property 1 was $210,575.00, of which $21,057.50 was paid to HHSF on or about March 30, 2005. 8. Respondent applied for a permit for Property 1 on or about December 1, 2006. The permit for Property 1 was approved on or about January 17, 2007. 9. Neither Respondent nor anyone on behalf of HHSF paid the permit fees for Property 1 to date or picked up the permit upon approval for Property 1. 10. Neither Respondent nor HHSF performed any work on Property 1 from the date of payment on or about March 30, 2005 and the date of the permit application for Property 1 on or about December 7, 2006. 11. Neither Respondent nor HHSF picked up the permit for Property 1 or completed any work from the date the permit for Property 1 was approved on or about January 17, 2007 through May 4, 2007. 12, Financing and funding for the construction loan for Property 1 remained in place for a period that covered in excess of ninety (90) days between March 30, 2005 and December 7, 2006. 13. There is at least one ninety (90) day period between March 30, 2005 and December 7, 2006, in which Respondent did no work for Property 1 and did not have just cause for failing to complete any work for Property 1 during each said ninety (90) day period. 14. There has t 1 at least ninety (90) days from the dat. .1¢ permit was approved for Property | on or about January 17, 2007 to May 4, 2007, in which Respondent and/or HHSF did not complete any work for Property 1. 15. There was no just cause for Respondent to fail to complete any work for Property 1 from January 17, 2007 to May 4, 2007. 16. At the time of abandonment of Property 1, the percentage of completion of work by Respondent and/or HHSF on Property 1 is less than the amount of monies received by Respondent and/or HHSF for Property 1. 17. On or about March 30, 2005, HHSF entered into a contract with Kohl to build a home on the property located at 924 NE 10" Street, Cape Coral, Florida (“Property 2”). 18, The total contract price for Property 2 was $160,125.00, of which $11,312.64 was paid to HHSF on or about May 6, 2005 19. Respondent applied for a permit for Property 2 on or about April 19, 2006. The permit for Property 2 was approved on or about May 12, 2006. 20. Neither Respondent nor anyone on behalf of HHSF paid the permit fees for Property 2 to date or picked up the permit upon approval for Property 2. . 21. Neither Respondent nor HHSF performed any work on Property 2 from the date of payment on or about May 6, 2005 and the date of the permit application for Property 2 on or about April 19, 2006. 22. Neither Respondent nor HHSF picked up the permit for Property 2 or completed any work from the date the permit for Property 2 was approved on or about May 12, 2006 through May 4, 2007. 23. Financing and funding for the construction loan for Property 2 remained in place for a period that covered in excess of ninety (90) days between May 6, 2005, 2005 and April 19, 2006. 24. There is at! t one ninety (90) day period between! —y 6, 2005 and April 19, 2006, in which Respondent did no work for Property 2 and did not have just cause for failing to complete any work for Property 2 during each said ninety (90) day period. 25. There has been at least ninety (90) days from the date the permit was approved for Property 2 on or about May 12, 2006 to May 4, 2007, in which Respondent and/or HHSF did not complete any work for Property 2. 26. There was no just cause for Respondent to fail to complete any work for Property 2 from May 12, 2006 to May 4, 2007. 27. At the time of abandonment of Property 2, the percentage of completion of work by Respondent and/or HHSF on Property 2 is less than the amount of monies received by Respondent and/or HHSF for Property 2. COUNT I 28. __ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 29. Based on the foregoing, Respondent violated section 489.129(1)(g)2, Florida Statutes, as to Property 1 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 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5, and paragraphs 17 through 27 as though fully set forth herein. 31. Basedontk >regoing, Respondent violated section 9.129(1)(g)2, Florida Statutes, as to Property 2 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 HI 32. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 33. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, as to Property 1 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 IV 34. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through S, and paragraphs 17 through 27 as though fully set forth herein. 35. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, as to Property 2 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 V 36. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 37. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes, as to Property 1 by proceeding on this job without paying the necessary fees to have the permit issued, failing to obtain the permit once it was approved and failing to obtain any inspections. COUNT VI 38. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5S, and paragraphs 17 through 27 as though fully set forth herein. | 39. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes, as to Property 2 by proceeding on this job without paying the necessary fees to have the permit issued, failing to obtain the permit once it was approved and failing to obtain any inspections. COUNT VII 40. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 41. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, as to Property 1 by committing incompetence or mismanagement in the practice of contracting COUNT VIII 42. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5, and paragraphs 17 through 27 as though fully set forth herein. 43. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, as to Property 2 by committing incompetence or mismanagement in the practice of contracting WHEREFORE, Pe ner respectfully requests the Constru _n 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. # Signed this _/2 b day of By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: . F | | F D Ospartment of Business and Professional Regulation Matthew D. Morton AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel CLERK 1940 N. Monroe Street, Ste. 42 Soawhy he Wesshors om Tallahassee, FL 32399-2202 vate 2 ~fJ=- ZOO PC Found: July 3, 2607 Div. i: Clark & Burke

Docket for Case No: 08-000966PL