yy (Oey, ison, *s “A578 Qo “e STATE OF FLORIDA Mei, FE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DIEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 99-02477 vs. FRANK PENNEA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL FREGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FRANK PENNEA, ("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, in the State of Florida, WU Nw, having been issued license number CG C016823. 3. Respondent's last known address is 1300 N. FL. Mango Road, Suite 19, West Palm Beach, Florida 33409. 4, At all times material hereto, Respondent was the licensed qualifier for DST Empresas, Inc. (hereinafter referred to as Contractor) and was responsible in such capacity for all of its contracting activities. 5. At no time material hereto did the Contractor possess a Qualifying Business license. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about December 2, 1998, the Contractor contracted with Irving and Sharon Bretl (hereinafter referred to as “Customers”) to reroof a residence at 745 Foresteria Avenue, West Palm Beach, Florida, for Twenty Five Thousand ($25,000.00). 8. The Customers paid the Contractor a Ten Thousand dollar ($10,000.00) deposit toward the aforesaid contract. 9. Section 489.113(3), Florida Statutes provides: “A i contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air- conditioning work, unless such contractor holds a state certificate or registration in the respective trade category...” U a, 10. Further, Section 489.113(3)(g), Florida Statutes provides: “No general, building, or residential. contractor certified after 1973 shall act as, hold himself or herself out to be, or advertise himself or herself to be a roofing contractor unless he or she is certified or registered as a roofing contractor.” 11. By contracting to perform roof work, the Contractor violated the foregoing sections of Chapter 489, Florida Statutes, 12. Based on the foregoing, the Respondent violated Section 489.129(1) (3), Florida Statutes (1998 SUPP.), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT _II 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through eleven as though fully set forth in this Count II. 14, Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a cualifying agent and under a fictitious name, if any. U YU 15. By failing to obtain a qualifying business license, the Contractor violated the foregoing provision of Chapter 489, Florida Statutes. 16. Based on the foregoing, the Respondent violated Section 489.129(1) (3), Florida Statutes (1998 SUPP.), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT III 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through eleven and fifteen as though fully set forth in this Count III. 18. The Contractor was unable to perform and/or complete the work provided for under the contract with the Customers. 19. The Customers subsequently hired Frampton Roofing, Inc., to perform the roof work. 20. The Customers paid Frampton Roofing, Inc. Sixteen Thousand, Seven Hundred Fifty dollars ($16,750.00) to complete the roof. 21. The Customers paid an additional Nine Hundred Ninety Eight dollars and Forty Five cents ($998.45) to a material suppler of the Contractor’ s. 22. The Customers spent Two Thousand, Seven Hundred Forty Eight dollars and Forty Five cents ($2,748.45) more than the contracted price. ' UY 23. The foregoing constitutes financial mismanagement or misconduct in the practice of contracting. 24. Based on the foregoing, the Respondent violated Section 439.129(1) (h) (3), Florida Statutes (1996 SUPP.), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract. price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. 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 $5,000 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 WU U authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this v COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL. 33128 (305) 377-7115 99-02477 i 6/18/99 DSP/ms Tea. 1/28/99 Ne KA Grice fe om MMmoOnI day of. Awyoot , 1999. G.W. HARRELL, CHIEF: ATTORNEY Lahhye # D Yona F I Department of Business and Professional Regulation DEPU TY CLERK cunt Dyer DATE =

Docket for Case No: 00-002673PL