STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, CO -aPr Soe vs. _ _ Case No. 96-14223 KIMBERLY D. STEVENS, . Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KIMBERLY D. STEVENS, ("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 Swimming Pool Contractor, in the State of Florida, having been issued license number CPC056671. 3, Respondent's last known addresses are 616 University Forest Circle, Conway, South Carolina, 29526, 2816 Land O’Lakes Bivd., Land O’Lakes, FL 34739, and 151 N. Hendrick Drive, Lecanto, FL 34461. 4, At all times material hereto, Respondent was the qualifying agent for David K. IED EEE EEE EIEIO SS Sat a OY Stevens Swimming Pool Construction Company and was responsible in such capacity for all of its contracting activities. 5. Respondent failed to obtain a certificate of authority for David K. Stevens Swimming Pool Construction Company, as required by Section 489.1 19(2), Florida Statutes. 6. 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. — 7. On or about October 13, 1994, David K. Stevens Swimming Pool Construction Co. | . entered into a written contractual agreement ‘with Venture Associates Corporation to install a pool at Ocala Palms Adult Golf Community located at 5234 North 26" Street, Ocala, Florida 34482. 8. The contract price was $76,860.00. 9. Respondent commenced work on the project in or around April of 1995 and stopped | working on the project in or around August of 1995. The project was approximately 50% complete | at the time work ceased. | 10. At the time the construction ceased, Venture Associates Corporation had paid David K. Stevens Swimming Pool Construction Company $70,860.00 for services rendered and materials purchased for the contract, or 92% of the total contract price. : i : is | 11. Onor about September 29, 1995, Gorman Company filed and recorded a valid lien against Venture Associates property in the amount of $11,963.92 for services rendered under contract with David K. Stevens Swimming Pool Construction Company. | 12. David K. Stevens Swimming Pool Construction Company failed to remove said lien 2) YW) within seventy-five (75) days of filing. 13. Venture Associates Corporation released the lien by paying Gorman Company the amount owed by David K. Stevens Swimming Pool Construction Company. 14. Venture Associates Corporation incurred other expenses which were the responsibility of David K. Stevens Swimming Pool Construction Company in order to avoid further liens being filed against them, including but not limited to: $3,992.79 to ProLine Tile Distributor and $1,748.09 to Art Inherited as well as additional invoices from Ken Whitsett, Inc. and Interstate Electrical Services. 15. On or about September 7, 1995, Venture Associates Corporation contracted with Pools by Ripley to complete the construction of the pool started by David K. Stevens Swimming Pool Construction Company. . | | 16. The contract price for the completion of the pool by Pools by Ripley was $28,888.00. 17. Venture Associates Corporation incurred expenses of $40,592.80 over and above the original contract price with Respondent to complete the pool. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count I. 19, Based on the foregoing, the Respondent violated Section 489.129(1 )(h)(1), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor's customer for the supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by . | | WW OS payment or by bond, within 75 days after the date of such liens. COUNT II 20. ‘ Petitioner realleges and incorporates the allegations set forth in paragraphs one ~ through seventeen as though fully set forth in this Count II. 21. . Based on the foregoing, the Respondent violated Section 489.129 (1)(h)(2), Florida Statutes, 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 has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess finds within thirty days after the date the job is abandoned. COUNT Il 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count IIT. 23. Based on the foregoing, the Respondent violated Section 489.129 (1)(h)(3), Florida Statutes, 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. COUNT IV 24. Section 489.119(2), Florida Statutes, requires that if an individual proposed to engage - -in contracting 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 qualifying agent and under the fictitious name, if any. 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count IV. 26. Based on the foregoing, the Respondent violated Section 489.129 (1)@), Florida Statutes, by failing i in any y material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT V 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count V. 28. Based on the foregoing, the Respondent violated Section 489,129 (1)(k), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor, A project is to be considered abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the prospective owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. 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

Docket for Case No: 00-002942PL