Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: KEVIN PATRICK OLSON, D/B/A COBBLESTONE HOMES, INC.
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: May 20, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 10, 2010.
Latest Update: Dec. 23, 2024
FILED
Capartinent uf Busiaay and Profeatonal Rogulution
Daputy Agency Clerk
CLERK = Grandon Nichole
Date 3/16/2010
File #
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
ve. Case No. 2009-033351
KEVIN PATRICK OLSON,
d/b/a Cobblestone Homes, Inc.
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSTONAL
REGULATION, (“Petitioner”), files this Administrative Complaint
before the Construction Industry Licensing Board, against KEVIN
PATRICK OLSON, (“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 General Contractor, license number CGC
062072, in the State of Florida, which is in delinquent and
active status.
3. Respondent’s address of record is 327 Bahia Vista
Drive, Indian Rocks Beach, FL, 33785.
4. Respondent is the licensed qualifying agent for
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Cobblestone Homes, Inc. (*Cobblestone”).
5. At all times material hereto, Cobblestone possessed a
qualified business license also known as a certificate of
authority, License Number QB 62146, which is in current status.
6. On or about June 3, 2005, Respondent, doing business
as Cobblestone, entered into a contract with Domain Development,
Inc., (“Domain”) to construct townhomes in Tampa, Florida.
7. At the contracts execution, the guaranteed maximum
price for the project totaled approximately $2,129,213.00.
8. Cobblestone received approximately $1,863,970.00 in
compensation.
9. In or about December 2006, liens totaling $77,529.02
were placed on the project due to Cobblestone’s failure to fully
compensate subcontractors.
10. On or about January 11, 2007, Domain paid Atlantic
Custom Woodcraft Corporation approximately $25,871.00 to release
a lien totaling $29,871.02.
LL. On or about January 11, 2007, Domain paid Schleman
Plumbing Co., Inc. approximately $40,783.00 to release a lien
totaling $47,658.00.
12, Petitioner realleges and incorporates the allegations
set forth in paragraphs one through éleven as though fully set
forth herein.
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13. Based on the foregoing, Respondent violated Section
489.129(1) (g)1, Florida Statutes, by committing mismanagement or
misconduct in the practice of contracting that causes financial
harm to a customer.
COUNT TWO
14, Petitioner realleges and incorporates the allegations
set forth in paragraphs one through eleven as though fully set
forth herein,
15. 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 or more of the following penalties: place on probation,
reprimand the licensee, revoke, suspend, deny the issuance or
renewal of the certificate of registration, require financial
restitution to a consumer, impose an administrative fine not to
exceed $10,000.00 per violation, require continuing education,
assess costs associated with the investigation and prosecution,
impose any or all penalties delineated within Section
455.227(2), Florida Statutes, and/or any other relief the Board
is authorized to impose pursuant to Chapter 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
DBPR v. K. OLSON
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2009-033351
Administrative Complaint
Signature Page
Signed this 23° day of February, 2010,
PC Found
Members:
02/23/2010
Sheehan/Wilford
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CHARLIE LIEM, Interim Secretary
Department of Business and
Professional Regulation
Thomas Campbell
Thomas H. Campbell
Assistant General Counsel
Florida Bar No. 0071569
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroé Street, Ste, 42
Tallahassee, FL $32399-220
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
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NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted ‘in accordance with Sections 120.569 and 120.57,
Florida Statutes, to be represented by counsel or other
qualified representative, to present evidence and argument, to
call and cross-examine witnesses and to have subpoenas and
subpoenas duces tecum issued on his or her behalf if a hearing
is requested, Rule 28-106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing
within twenty-one (21) days of receipt of an agency pleading,
Respondent waives the right to request a hearing on the facts
alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of ‘this
Matter. Pursuant to Section 455.227(3) (a), Florida Statutes,
the Board, or the Department when there is no Board, may assess
costs related to the investigation and prosecution of the case
excluding costs associated with an attorney's time, against the
Respondent in addition to any other discipline imposed.
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Docket for Case No: 10-002790
Issue Date |
Proceedings |
Aug. 18, 2010 |
Undeliverable envelope returned from the Post Office.
|
Aug. 10, 2010 |
Order Closing File. CASE CLOSED.
|
Aug. 05, 2010 |
Motion to Relinquish Jurisdiction filed.
|
Jul. 07, 2010 |
Respondent's Response to Petitioner's First Request for Admissions filed.
|
Jul. 07, 2010 |
Petitioner's First Request to Produce to Respondent filed.
|
Jul. 07, 2010 |
Notice of Service of Interrogatories filed.
|
Jun. 07, 2010 |
Undeliverable envelope returned from the Post Office.
|
Jun. 03, 2010 |
Order of Pre-hearing Instructions.
|
Jun. 03, 2010 |
Notice of Hearing by Video Teleconference (hearing set for September 3, 2010; 9:30 a.m.; Tampa and Tallahassee, FL).
|
May 28, 2010 |
Undeliverable envelope returned from the Post Office.
|
May 28, 2010 |
Petitioner's First Request for Admissions to Respondent filed.
|
May 28, 2010 |
Petitioner's Unilateral Response to Initial Order filed.
|
May 21, 2010 |
Initial Order.
|
May 20, 2010 |
Election of Rights filed.
|
May 20, 2010 |
Administrative Complaint filed.
|
May 20, 2010 |
Agency referral filed.
|