Now 24 2008 8:37 llf/2d/28e88 89:35 8589219186 DEPR PAGE 18/38 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. 2007-047627 DAVID PEERS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOBSON PEERS, ("Respondent"), and says: 1. Petitioner is the state agency charged.with regulating the practice of contracting pursuant to Séction 20-165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Building Contractor in the State of Florida, having been issued license number CB C024128. 3. Respondent's last known address of record is 12230 Orange Blvd., West Palm Beach, FL 33412. 4. At. all times material hereto, Respondent was doing business as Bayshore Construction Group Inc. (“BCG”). BCG has not been appropriately qualified as required. GAOGC\Matthew Morton\Gases\Pcers, David\2007-04762 Administrative Complaint - G1, G2, G3, [,J, 0 and M.doc | MM : 11/24/2868 89:35 8589219186 DEPR py 28 2008 Si9e wagon 1299 4195 (1) (a)+ Florida wv atutes, provides gqacl: ‘z : : - : Lon that all primary qualifying agents for 4 business organizats are jointly and equally responsible for supervision ef 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. 6. On ox about September 30, 2005, BCG entered into a contract with anthony Formisano ("Formisano") to puild a new residence on the property located at 4239 126 Drive North, Royal Palm Beach, FL 33411. 7. The total contract price was $249,690.00, of which $224,721.00 was paid to BCG by Formisano- . 8. Respondent failed to finalize the permit obtained to complete the work pursuant to the contract with Formisano. 9. Neither BCG nor Respondent completed the contracted work, with Respondent last working in July 2007 and failing to complete any work after the month of July 2007. 10. Wo amount of monies paid by Formisano to BCG has been refunded. li. Based on the amount of work that was. completed by Respondent, the amount of monies received by Respondent was in excess of the amount of work completed by Respondent. 12, Between May and August 2007, seven separate sub- contractors of Respondent placed liens on the home of Formisano totaling $55,583.32. CAOGCMatthew Morton\Cases\Pcers, David\2007-047627\A dininistrative Complaint - Gi, G2, G3, f, 1, O and M.doc PAGE 11/38 Now 24 2008 8:37 llf/2d/28e88 89:35 8589219186 DEPR PAGE 13. At lease two sub-contractors initiated legal proceedings against Formisano that resulted in attorney’s fees and court costs along with monies sufficient to satisfy the lien from Formisano. 14. Formisano has had the job ‘completed, paying an additional $42,000.00 to complete, raising the total amount paid by Formisano to have the job completed to $322,304.32. COUNT ONE 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 16, 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 angaging in contracting. 17. Bayshore Construction Group Ine. is not a qualified business as required by Section 489.119(2), Florida Statutes and has not maintained the necessary certificate of authority. 18. Respondent engages in contracting in the name of Bayshore Construction Group Inc. GAOGC\Matthew Morton\Cases\Peers, David\2007-047627\A dministrative Complaint - G1, G2, G3,1, J, O and M.dec 3 12/38 Now 24 2008 8:37 llf/2d/28e88 89:35 8589219186 DEPR PAGE 13/38 19. Based on the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes, by failing in any taterial 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 TWO 20. Petitioner realleges and incorporates tha allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 21. Section 489.1425(1), Florida Statutes, requires that a contractor must provide written notice to his client of the Recovery Fund. 22, The contract between BCG and Formisano did not contain the necessary Recovery Fund language. 23. 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 489,1425(1), Florida Statutes. COUNT THREE 24, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. GAOGC\Matthew Morton\Cases\Peers, David\2007-047627\Administrative Complaint - G1, G2, G3, 1, J, O and M.doe 4 11/24/2688 89:35 8589219186 DEPR Ney 28 200g ess 25. Based on che foregoing, Respondent violated section 489.129(1) (g)i, Plorida Statutes, by committing mismanagement OF migconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement of misconduct oecurs when valid liens have been recorded against the property of the contractor’s customer for supplies or services ordered by the contractor for the customer’s job and the contractor has not had the liens removed from the property within 75 days after the liens were in place- COUNT FOUR 26. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 27. Based on the foregoing, Respondent violated section 489.129(1) (q)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 4s of the time of abandonment, unless the contractor is entitled to retain such funds under the tezms of the contract or refunds the excess funds within 30 days after the job is abandoned. GAQGC\Matthew Morton\Cases\Peers, David\2007-047627\Administrative Complaint - G1, G2, G3,1, 1,0 and M.doc 5 PAGE 14/38 Now 24 2008 $:33 llf/2d/28e88 89:35 8589219186 DEPR PAGE 15/38 COUNT FIVE 28. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 29, Based on the foregoing, Respondent violated section 489.129(1)(g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct oceurs when the job is completed but when the consumer is required to pay more than the original price of the contract to nave the job completed as a result of the contractor's mismanagement ox misconduct in contracting. COUNT SIX 30, Petitioner reallegas and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 31. Based on the foregoing, Respondent violated section 489.129(1) (4), 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. GAOGC\Matthew Morton\Cases\Peers, David\2007-047627\Administrative Complaint - G1, G2, G3, 1, J, O and M,dac 6 llf/2d/28e88 89:35 8589219186 DEPR Now 28 2008 88 COUNT SEVEN 32, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 33, Based upon the foregoing, the Respondent violated gaction 489.129(1) (0), Florida Statutes, by failing to obtain the necessary permits, pass ail inspections and finalize the necessary permits. COUNT EIGHT 434. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 33 as though fully set forth herein. 35, Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence of mismanagement in the practice of contracting WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one er: 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 of all penalties delineated within section GAOGC\Matthew Morton\Cascs\Peers, David\2007-047627\Administrative Complaint - G1, G2, G3, 1,3, Oand M.doc PAGE 16/38 Now 24 2008 $:33 llf/2d/28e88 89:35 8589219186 DEPR PAGE 17/38 455,227(2), Florida statutes, and/or any othe. relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 2B day of , 2008. PC Found: May 27, 2008 Div. L Clark & Bonuso Matthew D. Morton Assistant General Counsel Florida Bar. No: 0415332 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Taliahasseea, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile G:AOGC\Matthew Morton\Cases\Peers, David\2007-047627\A dministrative Complaint - G1, G2, G3, 1, J, O and M.doc

Docket for Case No: 08-005861PL