. Deputy Agency Clerk STATE OF FLORIDA CLERK vets Laweon Procter DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]| paw - 8/7/2015 . File # : DEPARTMENT OF BUSINESS AND ' PROFESSIONAL REGULATION, — Petitioner, . v / Case No. 2014-053392 DANA STEARN Respondent. / : ADMINISTRATIVE COMPLAINT “The “Department “of. Business ‘and “Professional Regulation (Petioner") files this oes . Administrative Complairit before the Construction Industry Licensing Board, ‘Division L against “ . Dana Stearn » (Respondent’) and alleges: ve 1 : _ Petitioner i is the state agency , chaiged with regulating the practice of contacting - . pou to section 20. 165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. At all times material hereto, Respondent was licensed as a Certified General Contractor in the-State of Florida, having been issued license number CGC 1518642. "3, Respondents address of record i is 4372 Appian Way, Greenacres, FL 44463, . a4 . At al times material - hereto, Respondent was the primary paling agent fe a D’Stearn Construction, LLC (“D’Steam’). , 5. Section 489.1195(1)(@), 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 owork at all sites: and for financial matiers, both for the . organization in general and for each specific job. — - 6. On or about March 20, 2014, Joseph Lieb (“Complainant”) entered into a written . contract with William K. McAllister (“McAllister”) d/b/a Lordship p Development & Restoration, Docament in Unnamed 1 LIC (“Lordship”) to perform construction work at Complamant’s apartment located at 455 _ Australian Ave. > Apt 3H, Palm’ Beach, | FL 35480. oh no - “Atno time material was Meslister cettified doc regitered to cneree in the practice of | contracting in the State of Florida. 8. At no time material was Lordship licensed or duly qualified to engage in the practice of contracting in the State of Florida. 9. © On or about May 9, 2044, Respondent. applied f for a 3 Pulling Permit for the above _ project at the local building department. ao in the permit. 1, "Respondent knew or had reasonable grounds t to know that McAlister and Lordship . were not centified or registered to engage in the Practice of construction contacting in the State of oe - | Florida pursuant to Chapter 489, Part I, Hoda Stanutes, : : 12, \ “McAllister and Lordship peformed onstruction work pursuant to ihe. contract. a under the permit. COUNT-ONE : 13. : Petitioner re- alleges and i incorporates by reference the © allegations set forth in: ; paragraphs one one through twelve: as ‘though fully set forth herein. . , i” 14. Based on the foregoing, Respondent violated Section 489.129(1) (®), Florida Statutes (2013), by assisting McAllister and/or Lordship in engaging in unlicensed activity. . COUNT TWO 1 Petitioner re-alleges and incorporates by reference the ‘Beaton set “foih in paragraphs one through twelve as though fully set forth herein, Document in Unnamed. . : . : 2 we 0. Respondent did not have.a contract, with Complainant % petoc the work sii ws ; woe os 16. Section 489.129(1)(), Florida Statutes (2013), provides for discipline against a licensee for failing 4 in any material respect to comply with the - Provisions of: chapter 489, Part T L . lorda fa Statutes, or violating a ile or = Invfal order of the board. 17. Based upon the foregoing, Respondent violated section 499425099, Florida | Statutes (2013), when Respondent violated section 489.127(4)(), Florida Statutes (2013), by applying for and obtaining a permit without having entered into a contract to perform the work specified in _ the pect. “WHEREFORE, Petitioner «respect Fequests the Construction Tndsty Licensing Board oot oe 4 enter an Order imposing one or nore: of the following penal: plage, on probation, reprimand, the. . a licensee, revoke, suspend, deny the i issuance or reriewal of the centificate or registration, require _ financial restitution to a consumer, impose an administrative fine not to exceed $10, 000 per violation, require ¢ continuing education, assess costs s associated with investigation and Prosecution, impose any or all penalties delineated within section 495.2270), Flotida States, and/o or any other telief that the Board is authorized to impose J ponuvatt to chapters 489, 455, Florida Statutes, and/ or the rules promulgated thereunder. . Signed this 28° day of July, 2015, : KEN LAWSON, secretary -- . Department of Business and. Professional Regulation /s/_ Sorin Ardelean SORIN ARDELEAN : Assistant General Counsel Florida Bar No: 734853 Dept. of Business and Professional Regulation, - 1940 North Monroe Stteet, Suite 42 . Tallahassee, Florida 32399-2202 ‘ (850)717-1226 Telephone . (850)921-9186. Facsimile Probable Cause Found 07/28/2015 By: Cathey/Chung . Deocament in Unnamed . 3 NOTICE OF RIGHTS Please be advised that mediation under section 120. 573, Florida Statutes, is not available for : administrative disputes involving, this type of ‘agency action. © be Please be further advised that 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 ifa acing i is requested Rule 28- 106. 111, ‘Florida Administrative Code, provides i in part that if Respondent fails. to. a request: a: hearing: within. 21. days of feceipt of an agency- pleading, Respondent waives 9 the rt 0 to., request a hearing on the facts alleged. . NOTICE REGARDING ASSESSMENT QF COSTS "Respondent is : placed on Aotice that Petitioner has incured costs related to ‘the investigation nan . oy prosecition of this smatter. Pursuant to , section AS ZZTONE, Florida Sranutes, ‘the Boatd, 0 or the ‘Department when there’is no Board, may assess costs related to the i investigation and prosecution of . the case excluding costs associated with an attorney's time, against Respondent in addition to any ‘other discipline imposed.” Please be advised that. mediation under section 120,573, Foca So 43 not available for Ta . _ administrative disputes, involving this sype of agency action. Please be further advised ‘that Respondent bas the ight oro 2 Wearing t to be conducted’ . : in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or _ other: qualified sepesienttive, to present evidence and argument, to call and cross-ezamine witnesses and to have subpoenas and subpoenas duces tecum, ingued on his or her behalf fa hearing i is soueted Rile 28-106.111, Florida Administrative Code, provides i in part thatf Respondent fails to : ' request hearing within 21- -dlags of receipt of anagency pleading, Respondent aie the vet £0. , request heating onthe fac alleges 7 . Respondent is placed on notice that Petitioner has incured costs related to the investigation and prosecution of this rater Pursuant te section 485. PEA, Florida States, the Boar, ot the Deparzent whe there'is no Board, may assess costs related tothe investigation | anid proseaition of | the case excloding costs associated “With an a attorneys stitne, against Respondent in addition fo any 7 - ‘other diacipline imposed:

Docket for Case No: 15-007342PL