bed \/ 4 ~ a ea Co STATE OF FLORIDA Cy -, ‘O DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU ey ty iY, ‘ i Py O i ® DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . . O0- (Loy Petitioner, Case No. 99-02489 vs. LARRY LEONARD, d/b/a Custom Homes by L & M, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint against ‘Respondent, LARRY LEONARD d/b/a Custom Homes by L & M, Inc. and states: 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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228(1), Florida Statutes. 3. On June 22, 1998, Respondent, doing business as Custom Homes by L&M, Inc., entered into a contract with Carl and Venita King, whereby Respondent agreed to oversee the completion of construction on the residence of Mr. and Mrs. King, located at 12649 Wimica Lane, Jacksonville, Florida, 32218. Respondent agreed to supervise the completion of the Kings’ residence, a project which had been only 75% completed by a previous contractor. Respondent also agreed to ensure that all subcontractors performed their jobs in a workmanlike be \/ manner. Respondent charged four thousand dollars ($4000.00) for his services, and the contract provided that the project would be completed sixty days after commencement. 4. At no time material hereto was Respondent registered with the Construction Industry Licensing Board as the licensed qualifier for Custom Homes by L & M, Inc. 5. At no time material hereto was Respondent licensed, registered, or otherwise qualified to practice contracting in the State of Florida. 6. The contracted price for the “overseeing” of the construction was four thousand dollars ($4000.00), of which amount Custom Homes by L & M, Inc. accepted two thousand dollars ($2000.00) as a retainer, the balance to be paid to Custom Homes by L &M, Inc., upon completion f construction of the Kings’ residence. 7. Respondent ceased his participation in the construction of the Kings’ home on October 1, 1998, before the project was complete. The Kings received a certificate of occupancy on December 11, 1998. 8. On December 18, 1998, Respondent recorded two liens, as vice president of Custom Homes by L & M, Inc., against the Kings’ home. One lien is for two thousand dollars ($2000.00), plus cost of collection, for “oversee{ing] construction of single family residence.” The second is for one thousand dollars ($1000.00), plus 14% interest and cost of collection, for “hiring subcontractor and overseeing the repairs on the sheetrock on the construction of single family residence. Labor was paid by the overseer [Respondent] and owner refused to repay overseer for the repairs made.” 9. The qualifying agent for Custom Homes by L & M, Inc. was formerly Eugene Williams, Jr. Mr. Williams ceased to be the qualifying agent for Custom Homes by L & M, Inc. on June 24, 1997, one year prior to the contract entered into between Respondent Homes by L & M, Inc.) and the Kings. COUNT I (d/b/a Custom 10. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine as though fully set forth herein. 11. Section 489.105(3), F. S. (1997), provides infer alia that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, - repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsections of Section 489,105(3), F.S. 12. The contracting for and/or the performance of the work described in Paragraph Three constitutes engaging in the practice of contracting pursuant to Section 489.105(3), F. S. (1997). 13. Based on the foregoing, Respondent has violated Section 489.127(1)(f), F. S. (1998 Supp.), which provides that no person shall “engage in the business or act i of a contractor... without being duly registered or certified or having a certificat COUNT II n the capacity e of authority.” 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine as though fully set forth herein. 15. Based on the foregoing facts, Respondent has violated Section 489.127(1)(g), F.S., (1998 Supp.), which provides that no person shall “[o]perate a business organization 455 and 489, FS. SIGNED thie QZ. day of TD 1999, Chief Attomey ° [COUNSEL FOR DEPARTMENT: . Ff. l LED. bed \/ engaged in contracting after 60 days following the termination of its only qualifying agent without designating another primary qualifying agent....” WHEREFORE, Petitioner respectfully requests the entry of an Order imposing an administrative fine not to exceed $5,000.00 per count, pursuant to Section 455.228(11), F. S., assessment of costs related to the investigation and prosecution of the case, excluding costs associated with an attorney’s time, pursuant to Section 455.227(3), F. S., and grant other relief deemed appropriate pursuant to Section 455.227(2), F. S., or any other part or parts of Chapters Department of Business and Professional Regulation Laurie B. Woodham DEPUTY CLERK Senior Attorney Florida Bar No. 0049549 MW . Department of Business and cterx Luar Michel Professional Regulation 7 _ 7- Gq 1940 North Monroe Street DATE Tallahassee, Florida 32399-0792 (850) 487-0062 DBPR v. Leonard d/b/a Custom Homes by L & M, Inc, PCP: ob [32/99 . 9902489ac

Docket for Case No: 00-001602