Apr 1 2009) 11:57 @4/a1/20e9 11:53 8589219186 DEPR PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, Vv. : . Case No. 2007-014379 ELDREDGE ROSS SESSOMS III, D/B/A PERFORMANCE CuwiRACTORS CORP., 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. Patitioner 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 number CG ¢C62060. 3. Respondent's last known address of record is 4630 South Kirkman Road #789, Oxlando, Florida 32811. — GAOGC\Tiffany Harringtan\ACs\Eldredge Ross Sessoms 11 2007-014379 (R2}CiMoKMPAC doc @5/11 Apr 1 2009 11:58 @4/a1/20e9 11:53 8589219186 DEPR 4. At all times material hereto, Respondent was the primary qualifying agent for Performance Contractors Corp. ("PCC"). 5. Respondent failed to’ properly qualify PCC as Certificate of Authority number OB 16659 has been null and void since 2003. 6. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying ayenus 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 October 17, 2005, PCC entered inte a contract with Beverly Davenport ("Complainant") to construct an addition at Complainant’s xesidence located at 861 Carver Street, Winter Park, Florida. 8. The total contract price was $129,976.00, of which PCC accepted $132,000.00. 9. PCC abandoned the project prior to completion. 10. At the time of abandonment, the percentage of work completed by PCC was less than the percentage paid for the work. il. Respondent failed to have the project pass final inspection. GAOGCI\Tiffany Harrington\ACa\kldredge Ross Sessorns (11 2007-014379 (22)(})(o)(m)\AC. doc 2 PAGE 46/11 Apr 1 2009 11:58 @4/a1/20e9 11:53 8589219186 DEPR COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. 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 “jeb 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. * COUNT TWO 14, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section -489.129(1) (4), Florida Statutes, by abandoning a construction project in which the contractor is engaged or undex 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\Tiffany Harrington\ACs\Eldredge Ross Sessoms IIT 2007-014379 (B2\j}(a)¢m)AAC. doc 3 PAGE 7/11 Apr 1 2009 11:58 @4/a1/20e9 11:53 8589219186 DEPR for termination, ox fails to perform work without just cause for 90 consecutive days. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though. fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(0); Florida Statutes, by failing to have the project pass final inspection COUNT FOUR 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set. forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetence of misconduct in the practice of contracting. WHEREFORE, Patitioner 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 cartificate 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, GAOQGCITiffany Harringtor\ACs\Eldredge Ross Sessoms 11] 2007-014379 (22)(j)(oXm)\AC. dos 4 PAGE 8/11 Apr 1 2009 11:58 @4/@1/2689 11:53 8589219186 DEPR PAGE 89/11 impose any or all penalties delineated within Section 455.227(2), Plorida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 453, Florida Statutes, and/or the rules promulgated thereunder. th Signed this 247" day of , 2008. PC Found: June 24,2008 = QO Div. I: Wilford & Thornton ifgsany Amber /Harrington Assistant General Counsel Florida Bax No. 26202 _ 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) 921-9196 Facsimile GAQGC\Tiffany Harrington\ACs\Eldredge Ross Sessoms [il 2007-014379 (22) o)(m\AC. dos 5 Apr 1 2009 11:59 44/01/2669 11:53 8589219186 DEPR PAGE 18/11 390 Noith ORANGE AVENIIT, Surre 1400 ORLANDO, FLORIDA 32801 BROAID anp CASSEL awww lanimeleaspal oom “te - : = - _ REMY T. SPRINGHART ATTORNEYS AT LAW Dinter BACRIMILE: (47) 650-0976 EMAIL: ispringhart@brosdandcasscl.com December 29, 2008 RECEIVED JAN ~ 6 2008 Via facsimile and First Class US. Mail OFFICE OF GENERAL COUNSEL, (850) 921-9186 Tiffany Amber Harrington, Asst. General Counsel FL Department of Business & Professional Regulation Office of the General Counsel Construction Industry Licensing Board 1940 North Monroe Street, Suite 42 Tallahassee, FL 32399-2902 Re: Eldredge Ross Sessorns, JI] and Proformance Contractors Corp. Service of Administrative Complaints Case Nos.: 2007-052461 2008-001 409 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:vfa oc: Eldredge Ross Sessoms, III c/o Performance Contractors Corp. 140 E. Grant Street Orlando, FL 32806 BOCA RATON « DESTIN « FT, LAUDERDALE = MIAME «= ORLANDO + TALLAIFASSER = TAMPA « WEST PALM BEACH ORL NGOMMLIT\1249880.1 40846/0008 JTS vin 12/25/2008 1:38 PM Apr 1 2009) 12:59 a4/81/2089 11:53 8589219186 DEPR PAGE 11/11 Page 1 of 2 Harrington, Tiffany From: Jeremy Springhart [ispringhart@broadandcassel.com] Sent: Thursday, October 23, 2008 3:02 PM To: ; Harrington, Tiffany Subject: RE: Sessoms Follow Up Flag: Follow up Flag Status: Completed That is correct. _ Jeremy T. -Springhart, Esq. ‘ 290 NorTH ORaNGe AVENUE Sure 1400 ORLANDO, FL 32801-4961 rid TELEPHONE: (407) 839-4200 BROAD Ss CLASSEL Facsimile: (407) 425-8377 AUTOR MS AT ke BIO Direct Line: (407) 839-4226 Direct Facsimie: (407) 650-0976 E-mal.; jspringhart@broadandcassel.com From: Harrington, Tiffany [mailto: Tiffany. Harrington@dbpr. state, fl,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 10/27/2008

Docket for Case No: 09-001734