Jan 15 2009 10:26 @1/15/2889 11:21 8589219186 DEPR PAGE 11/38 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. . Case No. 2008-023587 SCOTT BERMAN, D/B/A Florida Window Company, LLC., ‘Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against SCOTT BERMAN, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Plorida 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 CGC 1509450, which is in gurrent and active status. GAOGC\Fortunas\New Format Admin, Complaints\Scott Berman, 489,129(1)(2)G)(m)(i) Case 2008-023587.doc } Jan 15 2009 10:26 @1/15/2889 11:21 8589219186 DEPR PAGE 12/38 3, Respondent's last known addresses of record are: 3874 Fiscal Court, #100, Palm Beach Shores, Florida 33404 and 1136 NW Jog Road,. Palm Beach Gardens, Florida 33418. 4, At all times material hereto, Respondent was doing business as Florida Window Company, LLC., (“FW”). 5. At all times material hereto, Respondent possessed a current Certificate of Authority as required by Section 489.119(2) Florida. Statutes, Qualified Business License #48633. 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 June 7, 2007, Respondent entered into a contract with Cheryl Kenny, (“Kenny”) to install windows and a door on property of Kenny identified as 6398 Wood Lake Road, Jupiter, Florida 33458. 8. The total contract price was $31,000.00, of which Respondent has been paid approximately $12,400.00. 9. On or about October 10, 2007, Respondent and Kenny negotiated A new contract containing essentially the same terms with an additional prevision for an upgrade to impact resistant windows. GAOGC\Fortunas\New Format Admin. Complaints\Scott Berman. 489.129¢ (emi) Cased 2008-023587.doe 2 Jan 15 2009 10:26 @1/15/2889 11:21 8589219186 DEPR PAGE 13/38 10. Neither contract contained language informing Kenny of the Florida Homeowners’ Construction Recovery Fund. Nor did either contract contain Respondent's license number.- 11. On or about April 7, 2007, Kenny contacted Respondent and inquired as to the status of the window and door project. 12. Respondent failed to return Kenny's call or respond to Kenny’s inquiry. 13. Respondent performed no work under the first or second contract. 14. On or about May 6, 2008, approximately seven months after the October 10, 2007, contract date, Kenny made a demand for the return of her $12,400.00, upon which Respondent refused and informed Kenny that she “should get an attorney.” COUNT, ONE 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 16. 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 GAOGC\Fortunas\New Format Adin. Complsints\Scott Berman. 489.1290} (GMI) Case# 2008-023587 doe 3 Jan 15 2009 10:26 @1/15/2889 11:21 8589219186 DEPR PAGE 14/3¢ for termination, or fails to perform work without just cause for 90 consecutive days. COUNT. TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 18. Based on the foregoing, Respondent violated Section 489.129(1)(g) (2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. COUNT THREE 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 20. Section” 489.1425, Florida Statutes, provides in part 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 labor and materials does not exceed $2,500.00, 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 this part or violating a rule or lawful order of the board, by having violated Section 489.1425, Plorida Statutes, GAOGC\Fortunas\New Format Admin. Complaints\Scott Berman. 489.129(1Me\jNmy(l) Cased 2008-023587,don 4 Jan 15 2009 10:26 @1/15/2889 11:21 8589219186 DEPR PAGE 15/38 COUNT FOUR 22. Petitioner realleges and incorporates the allegations ‘set. forth in paragraphs 1 through 14 .as though: fully set forth herein. 23, Section 489.119(6) (b), Florida Statutes, provides in part that: The registration or certification number of each contractor or certificate of authority number for each business organization Shall 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. 8a, 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 this part or violating a rule or lawful order of the board, by having violated Section 489,119(6) (b), Florida Statutes. ‘COUNT FIVE 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 26. Based on the foregeing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing GAOGC\Fortunas\New Format Admin. Complaints\Scott Berman, 489,129) (eG)an)(i) Case 2008-023587.doc § Jan 15 2009 10:27 @1/15/2889 11:21 8589219186 DEPR PAGE 16/38 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 net 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 (ee day of Mover. , 2008. DEPUTY Ratan James Fortunas Assistant General Counsel Dar A, Florida Bar No. 21635 E tw Weck, Department of Business and “40 Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399- 2202 , PC Found: November 18, 2008 Div, I: Kane & Del Vecchio GAOGC\Forturas\New Format Admin. Complaints\Scott Berman, 489.1290 (20 (mi) Case# 2008-023587.doc 6

Docket for Case No: 09-000224