Apr 2 2009 9:33 @4/a2/2889 89:29 8589219186 DEPR PAGE @4/11 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. 2008-004661 ELDREDGE ROSS SESSOMS III, D/B/A PERFORMANCE CONTRACTORS CORPORATION, } Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ELDREDGE ROSS SESSOMS IIT, ("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, at all times’ material hereto, was a Certified General Contractor in the State of Florida, having been issued license number CG C62060. 3. Respondent's last known address of record is 4630 South Kirkman Road #789, Orlando, Florida 32811. GAOGCA Tiffany Harrington\Spence Glotzbach\AC\ Eldredge Sessoms 2008-004661 (126(2))(22)()(m\AC. doc 1 Apr 2 2009 9:33 Q4/@2/2689 89:29 8589219186 DEPR PAGE 5/11 A. At all times material hereto, Respondent was the primary qualifying agent for Performance Contractors Corp. ("Pec"), which has been issued Certificate of Authority number OB 16659, which has been null and void since August 31, 2003. 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 oxganization; for. all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about March 6, 2006, PCC entered into a contract with Greg Bogumil ("Complainant") to construct a4 room addition to the Complainant’s residence located at 1517 Southwind Court, Casselberry, Florida. 7. The total contract price was $60,000.00, of which PcCc accepted $42,000.00 (70%). 8. PCC abandoned the project prior to comptetion. 9. At the time of abandonment, the percentage of work completed by PCC was less than the percentage paid for the work. 10. PCC failed to apply for pexmits within 30 days after receiving more than 10 percent of the contract price for the project. GAOGC\Tiffany Harrington\Spence Glotzbach\AC\Eldredge Sessoms 2008-004661 (126(2))(22)iMm\AC.doe 2 Apr 2 2009 9:33 Q4/@2/2689 89:29 8589219186 DEPR PAGE 86/11 COUNT ONE 11. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 12. Section 489.119(2)(d), Florida Statutes, states that a certificate of authority must be renewed every two years. 13. Based on the foregoing, Respondent violated Section 499,129(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) (d), Florida Statutes. COUNT THO 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein, 15. Section 489.126(2), Florida Statutes, states that a contractor who receives, as an initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real Property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not xequire a permit under the applicable codes and ordinances, GAOGCITHfany Hartingtan\Spence Glotzbach.4C\Eliredge Sessoms 2008-004661 (1 26(2) (B2)G)(MAC doe 3 Apr 2 2009 9:33 Q4/@2/2689 89:29 8589219186 DEPR PAGE 7/11 and must start work within 90 days after the date ail nacessary permits for work, if any, are issued. 16. Based on the foregoing, Respondent violated Section 489,129(1) (i), Florida Statutes, by failing in any mateérial 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 489.126(2), Florida Statutes. COUNT THREE 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 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. 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. GAOGCI Tiffany Harrington\Spence Glotzbach\AC\Eldredgc Sessoms 2008-004661 (126(2))(22)))(m\AC.doc 4 Apr 2 2009 9:33 @4/a2/2889 89:29 8589219186 DEPR PAGE 8/11 COUNT FOUR 19. Patitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth harein. 20. 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 20 consecutive days. COUNT FIVE 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 22. Based on the foregoing, 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 one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renéwal of the certificate or registration, require financial GAOOCITiffany Harrington\Spence Glotzbach\AC\Bldredge Sessoms 2008-004661 (126(2))(p2)()(m)\AC. doe, 5 Q4/@2/2689 89:29 8589219186 restitution to a consumer, impose an exceed $10,000 per violation, reqh assess costs associated with inves impose any or all penalties 455.227(2), Florida Statutes, and/or Board is DEPR delineated authorized to impose pursuant to Chapters Apr a:34 PAGE 89/11 administrative fine not to ire continuing education, tigation and prosecution, within Section any other relief that the 489, 455, Florida Statutes, and/or the rules promulgated thereunder. 2008. ‘ Signed this ach day of Sdlmbe. PC Found: September 23, 2008 Div. I: Del Vecchio & Chung Florida Departm Profess Office q 1940 N. Tallahas (850) 48 (850) 92 FILED Department of Business and Profess DEPUTY CLER GAOGC\Tiffany Harrington\Spence Glotzbach\AC\Eldredge Sessoms 2008-004661 ( Monroe Street, Bar No. 26202 nt of Business and onal Regulation £ the General Counsel Ste. 42 see, FL 32399-2202 8-0062 Telephone 1-9186 Facsimile ional Regulation 126(2)Me2iGhm)\AC. doc @4/a2/2889 89:29 8589219186 CASSEL ATTORNEYS AT LAW Apr 2 2009 9:34 DEPR 390 NORTH ORANGE AVENE Suite (AO ORLANDO, FIORIDA 12801 P.O. Box 4961 (12802-4961 ) TELRPHONE: 407,8.19.4200 FACStMILe: 407.425.8377 www. broadandeassel.com JEREMY T. SPRINGHART DIRECT FACSIMILE: (407) 650-0976 EMAIL: japringhart@hroadandenssel.com December 29, 2008 RECEIVED Via facsimile and First Class U.S. Mail (850) 921-9186 Tiffany Amber Hartington, Asst. General Counsel FL Department of Business & Professional Regulation Office of the Gencral Counsel Construction Industry Licensing Board 1940 North Monroe Street, Suite 42 Tallahassee, FL 32399-2202 JAN ~§ 2009 OFFICE OF GENERAL COUNSEL Re: Eldredge Ross Sessoms, IJ] and Proformance Contractors Corp. Service of Administrative Complaints Case Nos.: 2007-052461 2008-001409 B&C File No.: 40846-0008 Dear Ms. Harrington: We are in receipt of the two (2) above-referenced Administrative Complaints against Eldgredge Ross Sessoms, II and Performance Contractors Corporation. Please be advised that we do not represent either Mr, Sessoms or Performance Contractors Corporation. By copy of this letter, we are forwarding the Administrative Complaints to Mr. Sessoms at his last known address. Thank you for your time and attention to this matter. Very truly yours, BROAD AND CASSEL ITS: fa ce: Eldredge Ross Sessorns, IU c/o Performance Contractors Corp. 140 E. Grant Street Orlando, FL 32806 BOCA RATON + DESTIN + FT, LAUDERDALE * MIAMI = ORLANDO « TALLAHASSEE * TAMPA + WEST PALM BEACH ORLA\COMMLITM 242880.1 40846/0008 JTS via 12/25/2008 1:36 PM PAGE 1a/1l Apr 2 2009 9:34 @4/a2/2889 89:29 8589219186 DEPR PAGE 11/11 Page | of 2 Harrington, Tiffany Jeremy Springhart [springhart@broadandcassel.com] Thursday, October 23, 2008 3:02 PM Harrington, Tiffany Subject: RE: Sessoms Follow Up Flag: Follow up Flag Status: Completed That is correct. Jeremy T. Springhart, Esq. 390 NORTH ORANGE AVENUE Suite 1400 ORLANDO, Fi. 32801-4964 TELEPHONE: (407) 839-4200 Facsimice: (407) 425-8377 BIO Direct LIne: (407) 839-4226 DIRECT FACSIMILE: (407) 650-0976 E-Mail: jspringhat@broadandcassel.com From: Harrington, Tiffany {rnailto:Tiffany.Harrington@dbpr.state.fi.us] Sent: Thursday, October 23, 2008 8:23 AM To: Jeremy Springhart Subject: Sessoms Jeremy, Can you confirm that your firm no longer represents Mr. Sessoms? He left me a voice message asking for me to call him directly saying he was not using your firm. Thank you. Tiffany Amber Harrington: Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel (850) 414-8132 (direct) (850) 488-0062 (main) (850) 921-9186 (fax) PLEASE NOTE THAT FLORIDA HAS A BROAD PUBLIC RECORDS LAW AND ALL CORRESPONDENCE TO ME VIA EMAIL MAY BE SUBJECT TO PUBLIC DISCLOSURE

Docket for Case No: 09-001731