Mar 28 2008 14:09 aa/2e/28ee 13:54 8589219186 DEPR PAGE 83/22 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. 2006-034012 2006-029542 2006-034620 2006-029527 RAYMOND HURLEY, D/B/A. HURLEY BUILDERS & DEVELOPERS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RAYMOND HURLEY ("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 General Contractor in the State of Florida, having been issued license number CG C000773 currently listed as Current, Active. 3. Respondent's last known addresses of record are 2020 South Federal Highway, Stuart, Florida 34994, and 205 &.W. Monterey Road, Stuart, Florida 34994, . 4. At all times material hereto, Respondent was the primary qualifying agent for Mar 28 2008 14:10 63/28/2688 13:54 8589219186 DEPR PAGE 84/22 Hurley Builders & Developers, Inc. 5. At all times material hereto, Hurley Builders & Developers, Inc., was not registered as a qualified business. 6. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying apents 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. FACTS PERTAINING TO CASE NO. 2006-034012 7. On or about November 15, 2005, Respondent, doing business as Hurley Builders & Developers, Inc. ("Hurley Builders"), entered into two contracts with Anthony Dyett ("Dyett") to perform roofing work and siding work at Mr. Dyett's home located at 1430 6" Street, West Palm Beach, Florida 33401. 8. The total contract price for the roofing work was $8,175.00 and the total contract price for the siding work was $12,400.00, making the total of both contracts $20,575.00, of which amount Mr. Dyett paid $6,358.00 to Hurley Builders as a thirty-three percent (33%) deposit for both contracts on or about October 1, 2005. 9, Section 489.129(2)(a), Florida Statutes, provides in part, that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, ot constriction to residential property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. 10... On or about February 24, 2006, Hurley Builders obtained permit number 06021153 from the City of West Palm Beach Building Department in order to complete the work pursuant to the contract with Mr. Dyett. Mar 28 2008 14:10 aa/2e/28ee 13:54 8589219186 DEPR PAGE @5/22 11. Hurley Builders abandoned the contract by failing to commence work on the project. 12. As Hurley Builders failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Hurley Builders at the time of Hurley Builders’ abandonment. 13.’ Despite failing to commence work on the project, Hurley Builders failed to refund. any amount of the $6,858.00 paid by Mr. Dyett. COUNT I 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though fully set forth herein. 15. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, as an initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvernent 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, and must start work within 90 days after the date all necessary permits for work if any are issued. 16. 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), Florida Statutes. COUNT 17. ‘Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though fully set forth herein. Mar 28 2008 14:10 aa/2e/28ee 13:54 8589219186 DEPR PAGE 86/22 18. = Based on the foregoing, Respondent violated section 489.129(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 to be 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 Tt 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489.129(1)(e)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial barm to a customer. Financial mismanagement ot misconduct occurs when the contractor has abandoned a customer’s job and the percentage of completion is less 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 finds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT IV 21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though fully set forth herein. 22. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, FACTS PERTAINING TO CASE NO. 2006-029542 Mar 28 2008 14:10 aa/2e/28ee 13:54 8589219186 DEPR PAGE 7/22 23. On or about November 12, 2005, Respondent, doing business as Hurley Builders & Developers, Inc., entered into a contract with Richard Fiordelisi ("Fiordelisi") to build a screen enclosure at his residence located at 997 N.W. Mosy Oak Way, Jensen Beach, Florida 34957, 24, The total contract price was $11,690.00, of which amount Mr. Fiordelisi paid $2,922.50 to Hurley Builders as a twenty-five percent (25%) deposit on or about November 12, 2005. 25, Section 489.129(2)(a), Florida Statutes, provides in part, that a contractor who receives, as initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. 26. Atall times material hereto, Hurley Builders failed to obtain a permit for the job. 27. Hurley Builders abandoned the contract by failing to commence work on the project. 28. As Hurley Builders failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Hurley Builders at the time of Hurley Builders’ abandonment. | 29, Despite failing to commence work on the project, Hurley Builders failed to refund any amount of the $2,922.50 paid by Mr. Fiordelisi. COUNT V 30. : Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 23 through 29 above as though fully set forth herein. Mar 28 2008 14:11 aa/2e/28ee 13:54 8589219186 DEPR PAGE 8/22 31, Section 489,126(2)(a), Florida Statutes, states that a contractor 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, and must start work within 90 days after the date all necessary permits for work if any are issued. 32. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part 1, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489, 126(2), Florida Statutes. COUNT VI 33. ‘Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 23 through 29 above as though fully set forth herein. 34. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statites, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be 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 VII 35. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 and 23 through 29 above as though fully set forth herein. Mar 28 2008 14:11 63/28/2688 13:54 8589219186 DEPR PAGE 89/22 36. 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 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 date the job is abandoned. COUNT VO 37. Petitioner re-alleges and incorporates the allegations sct forth in paragraphs 1 through 6 and 23 through 29 above as though fully set forth herein. . 38. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2006-034620 39, On or about June 22, 2005, Respondent, doing business as Hurley Builders & Developers, Inc., entered into a contract with Mary-Margaret A. Edick ("Edick") to build a screen enclosure at her residence located at 505 N.W. Sunflower Place, Jensen Beach, Florida 34957. 40. The total contract price was $16,065.75, of which amount Ms. Edick paid $5,440.05 to Hurley Builders as a thirty-four percent (34%) deposit on or about June 22, 2005. 4l. Section 489.129(2)(a), Florida Statutes, provides in part, that a contractor who receives, a8 initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. Mar 28 2008 14:11 aa/2e/28ee 13:54 8589219186 DEPR PAGE 1la/22 42. Atall times material hereto, Hurley Builders failed to obtain a permit for the j ob. 43. Hurley Builders abandoned the contract by failing to commence work on the project. 44. As Hurley Builders failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Hurley Builders at the time of Hurley Builders’ abandonment. 45. Despite failing to commence work on the project, Hurley Builders failed to refund any. amount of the $5,440.05 paid by Ms. Edick. COUNT IX 46. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and. 39 through 45 above as though fully set forth herein. 47, Section 489.126(2), Florida Statutes, states that a contractor who receives, as an initial payment, moncy 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, and must start work within 90 days after the date all necessary permits for work if any are issued. 48. 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 1, Florida Statutes, or violating a tule or lawful order of the board, by having violated section 489.126(2), Florida Statutes. COUNT X Mar 28 2008 14:11 aa/2e/28ee 13:54 8589219186 DEPR PAGE 11/22 49, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 _ through 6 and 39 through 45 above as though fully set forth herein. 50. Based on the foregoing, Respondent violated section 489.129(1)Q), Florida Statutes, by abandoning a construction project in which the contactor is engaged or under contract as a contractor. A project may be presumed to be 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. XT 51. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 39 through 45 above as though fully set forth herein. . 52, 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 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 date the job is abandoned. COUNT XU 53. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 39 through 45 above as though fully set forth herein. . 54. Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contractin gf. Mar 28 2008 14:12 aa/2e/28ee 13:54 8589219186 DEPR PAGE FACTS PERTAINING TO CASE NO. 2006-029527 55, On or about July 5, 2005, Respondent, doing business 88 Hurley Builders & Developers, Inc., entered into a contract with Cindy Rogers ("Rogers") to build a screen enclosure at her residence located at 798 §.E. Thanksgiving Avenue, Port St. Lucie, Florida 34984, 56. The total contract price was $15,172.56, of which amount Ms. Rogers paid $5,057.52 to Hurley Builders as a thirty-three percent (33%) deposit on or about July 5, 2005. 37. Section 489.129(2)(a), Florida Statutes, provides in part, that a contractor who receives, a9 initial payment, money totaling more than ten percent (10%) of the contract price for repair, restoration, improvement, or construction to residential property, must apply for permits necessary to do the work within thirty (30) days after the date payment is made. 58. At all times material hereto, Hurley Builders failed to obtain a permit for the job. 39, Hurley Builders abandoned the contract by failing to commence work on, the project. 60. As Hurley Builders failed to perform any of the contracted work, the percentage paid on the contract exceeded the percentage of the contractual work done by Hurley Builders at the time of Hurley Builders’ abandonment. 6]... Despite failing to commence work on the project, Hurley Builders failed to refumd any amount of the $5,057.52 paid by Ms. Rogers. COUNT XU 62. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 55 through 61 above as though fully set forth herein. 10 12/22 Mar 28 2008 14:12 aa/2e/28ee 13:54 8589219186 DEPR PAGE 13/22 63. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, as an initial payment, moncy 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, and must start work within 90 days after the date all necessary permits for work if any are issued. 64, 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), Florida Statutes. COUNT XIV 65, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 55 through 61 above as though fully set forth herein. 66. Based on the foregoing, Respondent violated section 489,129(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 to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, inchiding the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XV 67, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 55 through 61 above as though fully set forth herein. 11 Mar 28 2008 14:12 aa/2e/28ee 13:54 8589219186 DEPR PAGE 14/22 68. Based on the foregoing, Respondent violated section 489,129(1)(2)(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 bas abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor ig entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. - COUNT XVI 69. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 55 through 61 above as though fully set forth herein. 70. Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetency or misconduct 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 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. 12 Mar 28 2008 14:12 aa/2e/28ee 13:54 8589219186 DEPR PAGE 15/22 ~ uo = Signed this 5 day of hats ; 2007. fills Jeftr elly PC Found: February 27, 2007 Assistant General Counsel ‘Div. I: Kalmanson & Cox Department of Business and , Professional Regulation 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 (850) 488-0062 Cases # 2006-034012; 2006-029542; 2006-034620; 2006-029527 FILED Department of Business and Professional Regulation AGENCY CLERK CLERI BL (beatae om na Oe 001 13

Docket for Case No: 08-001582