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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs KEVIN PATRICK OLSON, D/B/A COBBLESTONE HOMES, INC., 10-002790 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002790 Visitors: 17
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 Document in Unoamed 1 4G/E@ Fovd Ada JSTETé6eS8 G2-ET wilee/4e/o8 6Z:¢T OOzZ az Aiey 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. Document in Unnamed 2 ‘6/Pa Fd Ada SSBTETé6aS8 Be:EeT Blee/a2/Se Of:€T oTOzZ of Rep 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 Document in Unnamed 3 40/58 38d sida Of:¢T otoZ oz fey 98TbTcbese B@a-eT Tae /ae/oe 2009-033351 Administrative Complaint Signature Page Signed this 23° day of February, 2010, PC Found Members: 02/23/2010 Sheehan/Wilford Document in Unnamed 48/98 Sod Of:€T oTOzZ of Rep 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 dad 98TbTcbese @a-et Tad /ad fou 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. Document in Unnamed 5 ‘6/28 Fad Ada SSBTETé6aS8 Be:ET Bee /a2/Se Of:€T oTOzZ of Rep

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.
Source:  Florida - Division of Administrative Hearings

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