FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evelte Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pate 4/44/2014 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2013-038551 CEASOR HORNE JR., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Ceasor Horne Jr. (“Respondent”), and alleges: 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. At all times material hereto, Respondent was licensed as a Certified General Contractor in the State. of Florida, having been issued license number CGC 1518208. 3. Respondent's address of record is 20830 Northwest 34th Avenue, Miami Gardens, Florida 33056. 4. At--all--times ~material ~hereto, Respondent was the primary qualifying agent of C Horne Construction Company, Inc. (“HCC”) . 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 organization; 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 April 29, 2013, HCC entered into a written contract with Enrique Triana (“Complainant”) for improvements to Complainant’s residential real property located at 10066 Bay Harbor Terrace, #10070, Bay Harbor Island, Florida 33154. 7. The contract price was $46,000.00, of which HCC accepted an initial deposit in the amount of $15,000.00. 8. Respondent failed to apply for a required permit within .30.days. after receiving an initial deposit amounting to More than ten percent of the total contract price. 9, The contract did not contain a statement notifying Complainant of Complainant's rights under the Florida Homeowner’s Construction Recovery Fund. COUNT_ONE 10, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 11. Section 489.126(2) (a),. Florida Statutes (2012), states that a contractor who receives, as an initial payment, money totaling more than ten 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 require a permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 12.. Based upon the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes (2012), 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 489.126(2) (a), Florida Statutes (2012). COUNT TWO 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 14. Section 489.1425(1), Florida Statutes (2011), provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the recovery fund, except where the value of all labor and materials does not exceed $2,500.00. 15. Based on the foregoing, Respondent violated section 489.129(1}) (1), Florida Statutes (2012), by failing 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 489.1425, Florida Statutes (2012). 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 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, impose any or. all penalties delineated ‘within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. (Signature Page Follows) Signed this 258 day of | March , 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /3/ John Edward Villafrate John Edward Villafrate Assistant General Counsel Florida Bar No. 0100068 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1226 Telephone (850) 921-9186 Facsimile Respondent Ceasor Horne dr. DBPR Case 2013-038551 Probable Cause Found 03/25/2014 By: Sheehan/Bonuso 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. Please be 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 if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within. 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 15-007349PL