May & 2008 14:41 g5/ae/28ee 1d: 21 8589219186 DEPR PAGE 15/28 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . Case No. 2007-009883 v. HENRY WHITEHILL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against HENRY WHITEHILL, ("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 C11585. 3. Respondent's last known address of record is 10885 Grande Blvd., West Palm Beach, FL 33412. 4. ‘At all times material hereto, Respondent was doing business as Premier Contractors Inc. (“PCT”). PC] is not appropriately qualified as required. May & 2008 14:41 DEPR PAGE 16/28 a5/a8/ 20888 14:21 8589219186 5. Atalltimesm.__ial hereto, Respondent was doing bur __ 88 as Andrews & Sons Development Construction Inc. (*ASC™), ASDC is not appropriately qualified as required. 6, | 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, 7. On or about December 2, 2005, PCI entered into a contract with Christine McDonald ("McDonald") to construct a screen enclosure at the residence located at 13935 40" Lane North, West Palm Beach, FL 33411. 8. The total contract price was $12,330.00, of which $4,100.00 was paid to PCI by McDonald, . . 9. Respondent failed to either obtain a permit or finalize a permit to complete the work pursuant to the contract with McDonald ) 10. Neither PCI nor Respondent began or completed the contracted work. 11. No amount of monies paid by McDonald:to PCT has been refunded. 12. As no work was completed by Respondent, the amount of monies received by Respondent was in excess of the amount of work completed by Respondent, COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14, Section 489.119(2), Florida Statutes, requires that a contractor must qualify and obtain a certificate of authority for any company in which the contractor is engaging in contracting, 15. Premier Contractors Inc. is nota qualified business as required by Section 489.119(2), Florida Statutes and has not obtained the necessary certificate of authority. May & 2008 14:41 GE 17/28 g5/ae/28ee 1d: 21 8589219186 DEPR PA 16. Respondent e,,__2€$ in contracting in the name of Prer. __. Contractors Inc. 17. 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 J, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119(2), Florida Statutes. COUNT II 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. . 19, Section 489,119(2), Florida Statutes, requires that a contractor must qualify and obtain a certificate of authority for any company in which the contractor is engaging in contracting. 20. Andrews & Sons Development Construction Inc. is nota qualified business as required by Section 489,119(2), Florida Statutes and has not obtained the necessary certificate of authority. 21. Respondent engages in contracting in the name of Andrews & Sons Development Construction Inc. 22, 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 23. Petitioner realleges and i mcorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein, May & 2008 14:41 PAGE 18/28 g5/ae/28ee 1d: 21 8589219186 DEPR 24. Section 489.1. _ FF lotida Statutes, requires that a o , ‘actor must notify a residential customer about the Florida Homeowners’ Construction Recovery Fund if the value of all labor and materials exceeds $2,500.00, 25. The contract between Respondent and McDonald did not contain the necessary notification regarding the Recovery Fund. 26, Based on the foregoing, Respondent violated section 489, 129( 1)G), Florida Statutes, by failing in any material Tespect 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 489.1425(1), Florida Statutes. COUNT IV _ 27, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 28. Based on the foregoing, Respondent violated section 489,129(1)(p)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 V 29. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein, May & 2008 14:42 GE 19/28 g5/ae/28ee 1d: 21 8589219186 DEPR PA 30. Based on the «___€0ing, Respondent violated section 4 _ 129(1)()), 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 of without proper notification to the owner, including the reason for termination, ot fails to perform work without just cause for 90 consecutive days. COUNT. VI 31. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 32, Based upon the foregoing, the Respondent violated Section 489,129(1)(0), Florida Statutes, by failing to obtain the necessary permits, pass all inspections and finalize the necessary permits. COUNT Vil 33. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 32 as though fully set forth herein. 34, 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 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 May & 2008 14:42 65/68/2688 14:21 8589219186 DEPR PAGE 26/28 Chapters 489, 455, Florida St._es, and/or the rules promulgated ther: _ der. th, . Signed this @ _ dayof __, 2007. | PC Found: December 4, 2007 Div. I: Del Vecchio & Cox y: Matthew D, Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: Matthew D, Morton Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste. 42 F | | E D ‘Tallahassee, FL 32399-2202 alahassee, FL. 3299-22 Dapartment of Business and Professional Raguiation DEPUTY CLERK csr’ Brendnt Machol DATE } aia = 2008

Docket for Case No: 08-002235PL