Aug 27 2008 13:28 as/27/2889 13:26 8589219186 DEPR PAGE 83/13 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Nos. 2006-031238 2006-024008 STEVEN B. CURRENCE, D/B/A DOLPHIN CUSTOM HOMES, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against STEVEN B. CURRENCE, d/b/a DOLPHIN CUSTOM HOMES, 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 Residential Contractor, having been issued license number CR C1326802, which has been voluntarily relinquished, GAOGC\KDC\ACa\currence 2006-031238.doc . ] Aug 27 2008 13:28 ga/27/ 2888 13:26 8589219186 DEPR PAGE @4/13 3. Respondent's addresses of record are 7836 Sleepy Bay, Navarre, Florida 32566, 6086 Gulf Breeze Parkway, Gulf Breeze, Florida 32563 and P.6. Box 5490, Navarre, Florida 32566. 4, At all times material hereto, Respondent was the qualifying agent for Dolphin Custom Homes, Inc. (“Dolphin”), which has been issued license number OB 26236, 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. 2006-031238 6. on or about March 29, 2004, Steve Kosciolek ° (“Kosciolek”) contracted with Respondent d/b/a Dolphin Custom Homes, Inc. to construct a new house to be located at Lot 00, Whispering Pines Boulevard, Navarre, Florida. 7. The total amount of the contract was $264,988.00, of which amount Respondent and/or Dolphin accepted approximately $136,116.00. 8. Respondent caused work on the project to be commenced, but abandoned the project in or about May, 2005. 3. To date, Respondent has failed to provide any amount GAQGC\IKDC\ACalcurrence 2006-03 1238.doe Aug 27 2008 13:28 ga/27/ 2888 13:26 8589219186 DEPR PAGE 5/13 of restitution to Kosciolek. COUNT ONE 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through niné as though fully set forth herein. 11. 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 falls to perform work without just cause for $0 consecutive days; COUNT TWO 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Based on the foregoing, Respondent violated section 489.129(1) (m}), Florida Statutes, by committing incompetence or Mismanagement in the practice of contracting. PACTS PERTAINING TO CASE NO. 2006-024008 14. On or about June 24, 2004, James and Batty Linke (collectively “Linke”) gontracted with Respondent d/b/a Dolphin Custom Homes, Inc. to construct a new house to be located at GAOGCAKDC\A Ca\currenee 2006-031238.doe 3 Aug 27 2008 13:28 8/27/2688 13:26 8589219186 DEPR PAGE 86/13 8165 Pompano Street, Navarre, Florida 32566. 15. The total amount of the contract was $380,487.00, of which amount Respondent and/or Dolphin accepted approximately $234,065.00. i 16. Respondent caused work on the project to ba commenced, but abandoned the project on or about March 17, 2006. 17. To date, Respondent has failed to provide any amount of restitution to Linke. | COUNT THREE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 19. Based on the foregoing, Respondent violated section 489.129(1) (3), 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 FOUR 20, Petitioner realleges and incorporates the allegations set forth in ‘paragraphs one through nine as though fully set forth herein. GAOGCKDC\ACs\curtence 2006-03 1238.doe 4 Aug 27 2008 13:29 ga/27/ 2888 13:26 8589219186 DEPR PAGE 7/13 21. Based on the foregoing, Respondent violated section 489,.129(1)(m), FPlorida Statutes, by committing incompetence or mismanagement in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing ené or more of the following penalties: place on pxobation, 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 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 atin, of Deparnent. of pushers and Professionat Reputation Bk POA DEPUTY CLE LERK Kyle David Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile 2008. PC Found: April 22, 2008 GAOGC\KDC\ACa\ currence 2006-03 1238.doc Div. T Kane & Kalmanso " 5

Docket for Case No: 08-004232