Ne] ww) | STATE OF FLORIDA Va Oe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, yy, 6, 8 | | pg bio “yy, DEPARTMENT CF BUSINESS AND PROFESSIONAL REGULATION, | Petitioner, | | vs. Case No. |97-15042 : | THOMAS STARK HAYDEN, JUR., | Respondent. / | | ADMINISTRATIVE COMPLAINT D , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, i | | ("Petitioner"), files this Administrative Complaint against 7 THOMAS STARK HAYDEN, JR., ("Respondent"), and says: 1. Petitioner is the state agency charged) with regulating i | 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. At all times material hereto, Respondent was not duly registered or certified to engage in the practick of contracting pursuant to Chapter 489, Florida Statutes. 4. Respondent's last known address is 8740 Thomas Drive Villa 52, Panama City Beach, Florida 32408. U U 5. At all times material hereto, HAYDEN DEVELOPMENT COMPANY, INC. was an active, registered business| entity with the Florida Division of Corporations, wherein Respondent and Kathryn Hayden were listed as officers/directors. ' 6. At no time material hereto, was HAYDEN DEVELOPMENT COMPANY, INC. registered or qualified with the Florida Construction Industry Board to engage in the practice of i | contracting. 7. On or about June 18, 1996, Respondent, on behalf of HAYDEN DEVELOPMENT COMPANY, INC., entered into a contractual agreement with the Beachside Condominiums Homeowhers Association (“Customer”) to repair their hurricane-damaged cbwnhomes located at 17135 Front Beach Road, Panama City Beach, Florida 32417. 8. The total contract price was two million three hundred forty-one thousand three hundred forty dollars ($2, 341,340.00). 9. Contractual draws on_ said contract were to be distributed by Customer’s attorney Brian Hess (“Hess”) in accordance with a June 15, 1996 agreement betwéen Customer and Hess, whereupon draw requests and/or applicatipns for payment i submitted by Respondent and/or HAYDEN DEVELOPMENT COMPANY, INC, : | were to be approved and/or distributed by Hess. 10. On or about July: 14, 1996, Beachslide Condominium Homeowner Sarah Daley (“Complainant”) initiated a separate contractual agreement with Kathryn Hayden, on behalf of HAYDEN U UI DEVELOPMENT COMPANY, INC., for a total contract amount of eighty-one thousand four hundred dollars ($81,400.00). 11. Said contract with Complainant indicated that the re- construction of Complainant’s townhouse was to be completed in i congruence with the aforementioned contract in| paragraph seven | (7), however, contractual draws and/or payment's to Respondent and/or HAYDEN DEVELOPMENT COMPANY, INC. were ‘to be approved and/or distributed by Florida First Bank of Panama City and not by Hess. | 12. Respondent and/or HAYDEN DEVELOPMENT COMPANY, INC. accepted thirty thousand forty-three dollars and sixty-nine cents ($30,043.69) from Complainant on the aforesaid before being terminated by Complainant on or about June '16, 1997. 13. Section 489.105(3), Florida statutes, provides in pertinent part, "Contractor" is defined as thé person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted inf this part, the person who, for compensation, undertakes to, submits a bid to | alter, remodel or does himself or by others construct, repair, add to, demolish, subtract from, or improve any building or structure. : 14. Section 489.105(6), Florida statutes, provides in pertinent part, "Contracting" means engaging in business as a contractor and includes but is not limited to, performance of Department of Business and Professional Regulation CuRK Soa udy XL. Weta nm pate lp - 3-79 U U any of the acts set forth in subsection (3) which defines types of contractors. 15. The contracting for and/or the performance of the aforestated work in paragraphs seven (7) and ten (10) constitutes engaging in the practice of contracting pursuant to Section(s) 489.105(3) and (6), Florida Statutes. 16. Section 489.127(1)(f£), Florida Statutes, provides ih pertinent part that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act ih the capacity of a contractor without being duly registered or certified. 17. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes, by engaging in the practice of contracting without being duly licensed. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing an administrative fine not to exceed $5,000.00 or any other relief that the Department deems appropriate. Signed this ay da ot _loy FILED , 1999, AGENCY CLERK G.W. Ha Chief Legal Counsel U COUNSEL FOR DEPARTMENT: Leon M. Biegalski Senior Attorney Florida Bar Number 0974943 Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32 ap ONE 5° 29-77 B GWH/LMEB/jcc Case #27-15042 May 25, 1999

Docket for Case No: 00-003057PL