Apr 30 200% 10:53 @4/3e/2888 18:36 8589219186 DEPR PAGE 7/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD .- DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, - Petitioner, , Case No. 2006-069576 v. ROBERT SULLIVAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT SULLIVAN, ("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 hercto, a Certified General Contractor in the State of Florida, having been issued license number CG C1507939, 3, Respondent's last known address of record is P. O. Box 1233., St. Petersburg, FL 33731. Apr 30 200% 10:53 @4/3e/2888 18:36 8589219186 DEPR PAGE 8/11 4, Atalltimesr ‘rial hereto, Respondent was doing bu ess as Sullivan Design Associates LLC (“SDA”). SDA has been appropriately qualified as required, receiving a certificate of authority and license QB 39210; however, the certificate of authority expired on or about August 31, 2007 and has not been renewed to date. 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 cach specific job. 6, On or about April 10, 2006, SDA entered into a contract with Catherine Kirk ("Kirk") to build a screen enclosure at the residence located at 4887 Tropical Garden Drive, Boynton Beach, FL 33436, 7. The total contract price was 316,441.00, of which $5,480.00 was paid to SDA by Kirk. | 8. Respondent failed to obtain the necessary permit, pass inspections or otherwise finalize a permit to complete the work pursuant to the contract with Kirk, | 9, Neither 5DA nor Respondent began or completed the contracted work. 10. No amount of monies paid by Kirk to SDA has been refunded. li. As no work was completed by Respondent or SDA, the amount of monies received by Respondent was in excess of the amount of work. COUNT I 12.‘ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Fila. Stat. §489.119(2), requires that a contractor must obtain and maintain a qualified business license for any business in whose name the contractor is engaging in business. Apr 30 2008 10:54 @4/3e/2888 18:36 8589219186 DEPR PAGE 14. Respondent’ -aged in business using the name of 5. 15. The certificate of authority for a qualified business has expired for SDA and not been renewed. 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 ’ 489.119(2), Florida Statutes. COUNT II 17.‘ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 18. Fila. Stat. §126(2)(a) requires a contractor to apply for the necessary permits within thirty (30) days of receiving moncy totaling more than 10% of the contract price. | 19. Respondent received payment in excess of 10% of the contract price on or about April 10, 2006. 20. Respondent failed to apply for the necessary permits and has not yet applied for the necessary permits to date, 21. . 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 Il 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through |] as though filly set forth herein. gal. Apr 30 2008 10:54 @4/3e/2888 18:36 8589219186 DEPR PAGE 18/11 23. Basedonth ‘wegoing, Respondent violated section 9.129(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 IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489. 129014), 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 V 26. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 1] as though fully set forth herein, 27. _ Based upon the foregoing, the Respondent violated Section 489,129(1)(o), Florida Statutes, by failing to obtain the necessary permits, pass all inspections and finalize the necessary penmits. COUNT VI 28. —_ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 27 as though fully set forth herein. Apr 30 2008 10:54 O4/38/2088 16:36 8589219186 DEPR PAGE 11/11 29. Based onthe ~ regoing, Respondent violated section —.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 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 Ze" day of , 200%, PC Found: January 22, 2008 Div. I: Kalmanson & Wilford By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: F | L E D Department of Business and Professional Regulation Matthew D. Morton ; DEPUTY CLERK Assistant General Counsel Department of Business and ; my . Professional Regulation CLERK Teichels. Office of the General Counsel - DATE - (o- 2008 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202

Docket for Case No: 08-002141PL