Jun 20 2008 9:45 66/20/2688 89:28 8589219186 DEPR PAGE 82/28 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. : Case Nos. 2007-042809, 2007-045557 2007-035990, 2007-039834 ANTHONY MYURA D/B/A TURN KEY HOME BUILDERS, INC., Respondent, ) / ; ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ANTHONY MYURA, D/B/A TURN KEY HOME BUILDERS, INC. (“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 numbers CG C049629, which is currently current and active. 3. Respondent's address of record is 169 Seaview Avenue, Palm Beach, Florida 33480. Jun 20 2008 9:45 B6/ 26/2888 89:28 8589219186 DEPR PAGE 83/28 4. At all times material hereto, Respondent was the primary qualifying agent for ‘Turn Key Home Builders, Inc. (“Turn Key”), which has been issued license number QB 49324, which is currently delinquent. . 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. FACTS PERTAINING TO CASE NO. 2007-042809 6. On or about May 20, 2005, Respondent and/or Turn Key entered into a contract with Pablo Ortiz (“Ortiz”) to build a new house located at 5861 Northwest Leghorn Avenue, Port St. Lucie, Florida 34986. . 7. The contract price for the aforementioned project, including change orders, was $305,400.00, of which amount Tum Key accepted approximately $280,550.00. 8. Respondent failed to include in said contract a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 9. The contract did not contain Respondent’s license number, 10, Respondent obtained a permit for the contracted constriction, but a final inspection was not completed, Ih. Construction commenced in or about October 2006, but, on or about June 8, 2007, Respondent abandoned the project by ceasing business operations, 12. Asa result of Respondent’s failure to pay for labor and/or materials supplied for the project, valid liens were filed on Ortiz’ property by materialmen and/or subcontractors, including, but not limited to, the following: Jun 20 2008 9:45 ae/2e/2088 99:28 9589219196 DEBPR PAGE (a) Angler Plumbing in the amount of $3,403.75; (b) Stone Age Pavers in the amount of $9,335.50; (c) Absolute Protection Team in the amount of $1,617.50; (d) Allied Drywall Paint in the amount of $1,331.25; (e) Absolute Kitchen Bathworks in the amount of $4,665.00; (f) Western Grading Co. in the amount of $1,708.00; (g) TNT Builders of Florida in the amount of $1,095.00; (h) Kitchen Art of South Florida in the amount of $8,35 1.00; (i) Roor Concepts, Inc. in the amount of $6,184.00; Gj) Heaven Aire, Inc. in the amount of $3,988.00; (k) Florida Builders Appliance in the amount of $5,113.93; 6) Flooring Dimensions, Inc. in the amount of $1,785.00; (m) Builders Firstsource-Florida, LLC in the amount of $1,853.86; and (n) Atlantic Window Systems in the amount of $3,500.00. 13. To date, Respondent has failed to provide any amount of restitution to Ortiz. COUNT I 14. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 15. Section 489.1425(1), Florida Statutes, requires that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's tights under the recovery fund, except where the value of all labor and materials does not exceed $2,500.00. 16. Based on the foregoing, the Respondent violated section 489.129(1)(i), Florida 3 ad4/28 Jun 20 2008 9:45 66/20/2688 89:28 8589219186 DEPR PAGE 85/28 Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating section 489. 1425(1), Florida Statutes. COUNT. TT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 18. Section 489,119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor or certificate of authority number.for each business organization appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 19. Based on the foregoing, the 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, by violating section 489.119(6)(b), Florida Statutes, COUNT TT 20. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IV 22. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though. fully set forth herein, 23, Based on the foregoing, Respondent violated section 489.129(1)(g)1. by 4 Jun 20 2008 9:47 B6/ 26/2888 89:28 8589219186 DEPR PAGE 86/28 committing mismanagement or misconduct in the practice of contracting that cause financial harm to a customer by causing valid liens to be recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job when the contractor hag received funds from the customer to pay for the supplies or services and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT V 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 25. 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 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 VI 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one — through thirteen as though fully set forth herein. 27. Based on the foregoing, Respondent violated section 489,129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. | EACTS PERTAINING TO CASE NO. 2007-045557 28. On or about February 10, 2005, Respondent and/or Tutn Key entered into ‘a contract with Juliet Stephenson and husband (collectively “Stephenson”) to build a new house located at 6725 Apache Boulevard, Loxahatchee, Florida 33470. 3 Jun 20 2008 9:47 B6/ 26/2888 89:28 8589219186 DEPR PAGE 7/28 29. The contract price for the aforementioned project, including change orders, was $444,700.00, of which amount Tui Key accepted approximately $335,000.00. 30. Respondent failed to include in said contract a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 31. The contract did not contain Respondent’s license number, 32. Respondent obtained a permit for the contracted construction, but a final inspection was not completed. 33, Construction commenced in or about August, 2006, but, on or about June 8, 2007, Respondent abandoned the project by ceasing business operations. 34. As a result of Respondent’s failure to pay for labor and/or materials supplied for the project, valid liens were filed on Stephenson’s property by materialmen and/or _ subcontractors, including, but not limited to, the following: (a) Electrical Express, Inc. in the amount of $4,037.50; (b) D & B Tile Distributors in the amount of $8,408.65; and (c) Builders Firstsource-Florida, LLC in the amount of $10,384.15. 33. To date, Respondent has failed to provide any amount of restitution to Stephenson. COUNT vu 36, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-five as though fully set forth herein. 37. Section 489,1425(1), Florida Statutes, requires that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the recovery fund, except where the 6 Jun 20 2008 9:47 B6/ 26/2888 89:28 8589219186 DEPR PAGE 88/28 value of all labor and materials does not exceed $2,500.00. 38. Based on the foregoing, the 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, by violating section 489. 1425(1), Florida Statutes. COUNT Vill 39. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-five as though fully set forth herein. 40, Section 489,119(6)(b), Florida Statutes, Tequires that the registration or certification number of each contractor or certificate of authority number for each business . organization appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 41. Based on the foregoing, the 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, by violating section 489.119(6)(b), Florida Statutes. COUNT IX 42. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-five as though fully set forth herein. 43. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida \ Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNTX 44, Petitioner realleges and incorporates the allegations set forth in paragraphs one 7 Jun 20 2008 9:47 B6/ 26/2888 89:28 8589219186 DEPR PAGE 89/28 through five and twenty-eight through thirty-five as though fully set forth herein. 48. Based on the foregoing, Respondent violated section 489.129(1)(g)]. by committing mismanagement or misconduct inthe practice of contracting that cause financial harm to a customer by causing valid liens to be recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job when the contractor has received funds from the customer to pay for the supplies or services and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT XI 46. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-five as though fully set forth herein. 47, Based on the foregoing, Respondent violated section 489,129(1)Q), Florida Statutes, by abandoning a 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 XIT 48. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-eight through thirty-five as though fully set forth herein. 49. Based on the foregoing, Respondent violated section 489.129(1}\(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting, FACTS PERTAINING TO CASE NO, 2007-035990 50. On or about September 17, 2005, Respondent and/or Turn Key entered into a 8 Jun 20 2008 9:48 66/20/2688 89:28 8589219186 DEPR PAGE 16/28 contract with Quirino Pagliaroli and Maria Veras (collectively “Pagliaroli”) to build a new house located at 6214 Northwest Gatun Court, Port St. Lucie, Florida 34986. 51. The contract price. for the aforeméntioned project, including change orders, was $258,700.00, of which amount Turn Key accepted approximately $232,000.00, 52, Respondent ‘failed to include in said contract a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 53. The contract did not contain Respondent’s license number. 54, Respondent obtained a permit for the contracted construction, but a final inspection was not completed. 35. Construction commenced in or about November 2006, but, on or about June 8, 2007, Respondent abandoned the project by ceasing business operations, 36. As a result of Respondent's failure to pay for labor and/or materials supplied for the project, valid liens were filed on Pagliaroli’s property by materialmen and/or subcontractors, including, but not limited to, the following: ) (a) ’ D&BTile Distributors in the amount of $5,962.66; (b) — Maschtneyer Concrete Company of Florida, Inc. in the amount of $3,816.70; (c) Western Grading Co. in the amount of $3,152.32; (d) Kitchen Art of South Florida in the amount of $6,210.00; (e) Electrical Express, Inc, in the amount of $3,095.00; | (f) Builders Firstsource-Florida, LLC in the amount of $6,480.47; and (zg) Atlantic Window Systems in the amount of $4,101.47, 57. To date, Respondent has failed to provide any amount of restitution to Pagliaroli. COUNT XU 9 66/20/2688 89:28 8589219186 DEPR Jun 20 2008 9:48 PAGE 58. Petitioner realleges and incorporates the allegations sct forth in paragraphs one through thirteen as though fully set forth herein, . 59. Section 489,1425(1), Florida Statutes, requires that any agreement or contract: for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the recovery fund, except where the value of all labor and materials does not exceed $2,500.00, 60. Based on the foregoing, the 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, by violating section 489.1425(1), Florida Statutes, COUNT XIV 61. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifty through fifty-seven as though fully set forth herein, 62. Section 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor or certificate of authority number for each business organization appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board tule, used by that contractor or business organization in the practice of contracting. 63. Based on the foregoing, the Respondent violated section 489.129(1)(i), Flotida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating section 489.1 19(6)(b), Florida Statutes, COUNT XV 64. Petitioner realleges and incorpotates the allegations set forth in paragraphs one through five and fifty through fifty-seven as though fully set forth herein. 10 Jun 20 2008 9:48 GE 12/28 B6/ 26/2888 89:28 8589219186 DEPR PA 65. Based upon the foregoing, the Respondent violated Section 489.129(1)(9), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT XVI 66. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifty through fifty-seven as though fully set forth herein. 67. Based on the foregoing, Respondent violated section 489,129(1)(g)1. by committing mismanagement or misconduct in the practice of contracting that cause financial harm to a customer by causing valid liens to be recorded against the property of a contractor's customer for supplies or services ordered by the coritractor for the customer's job when the contractor has received funds from .the customer to pay for the supplies or services and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT XVII 68. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifty through fifty-seven as though fully set forth herein, 69, . 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 abandoned after 90 days if the contractor terminates the project without just cause ot without Proper notification to the owner, including the reason for termination, or fails to perform work without Just cause for 90 consecutive days. COUNT XVUI 70. Petitioner realleges and incorporates the allegations set forth in paragraphs one 11 B6/ 26/2888 89:28 8589219186 DEPR Jun 20 2008 9:48 PAGE through five and fifty through fifty-seven as though fully set forth herein. 71, Based on the foregoing, Respondent violated section 489. 129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting.- FACTS PERTAINING TO CASE NO, 2007-042809 . 72. On or about April 5, 2005, Respondent and/or Turn Key entered into a contract with Loraine Beckling with Erick and Ewa Beckling (collectively “Beckting”) to build a new house located at 1621 Timberlake Drive, Fort Pierce, Florida 34947, 73. The contract price for the aforementioned project, including change orders, was approximately $334,450 to $352,825.00, of which amount Tum Key accepted approximately $52,928.00, ' 74. — Respondent failed to include in said contract a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 75, The contract did not contain Respondent’s license number. 76. Respondent abandoned the project by ceasing business operations after incurring amaximum of $12,000.00 in expenses related to the project. 77. To date, Respondent has failed to provide any amount of restitution to Beckling. COUNT. XIX 78. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy-two through seventy-seven as though fully set forth herein. 79, Section 489.1425(1), Florida Statutes, requires that any agreement or contract for repair, restoration, improvement, or construction to residential rea) property must contain a Written statement explaining the consumer’s rights under the recovery fund, except where the value of all labor and materials does not exceed $2,500.00. 12 Jun 20 2008 9:49 B6/ 26/2888 89:28 8589219186 DEPR PAGE 14/28 80. Based on the foregoing, the 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, by violating section 489,1425(1), Florida Statutes. COUNT XX 81. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy-two through seventy-seven as though fully set forth herein. 82, Section _489.119(6)(b), Florida Statutes, requires that the registration’ or certification number of each contractor or certificate of authority number for each business organization appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 83. Based on the foregoing, the Respondent violated section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating section 489.119(6)(b), Florida Statutes. COUNT XXI 84. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy-two through seventy-seven as though fully set forth herein. 85. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial hart to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is Jess 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 13 Jun 20 2008 9:49 B6/ 26/2888 89:28 8589219186 DEPR PAGE 15/28 funds within 30 days after the job is abandoned. COUNT XXT1 86, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy-two through seventy-seven as though fully set forth herein. 87. 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 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 XXUI 88. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seventy-two through seventy-seven as though fully set forth herein. 89. 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 $10,000.00 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. 14 Jun 20 2008 9:49 B6/ 26/2888 89:28 8589219186 DEPR PAGE 16/28 Signed this 22 "Gay of y , 2008 PC Found: January 22, 2008 — JefiteyS. Kelly Div. I: Kalmanson & Wilford . Chief Construction Attorney COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 D Tallahassee, FL 32399-2202 apariment of Business and Profassionat Rag DEPUTY CLERK ulation Case Nos: 2007-042809, 2007-045557 2007-035990, 2007-039834 CLERK Dre Mchls KDC

Docket for Case No: 08-003016