od HEARING! STATE OF FLORIDA : ‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND CH = Qesle Al PROFESSIONAL REGULATION, - Petitioner, vs. Case No. 99-0959 : EDWARD LOMAX CLARK HJ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EDWARD LOMAX CLARK IL, ("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, having been issued license number CGC057679. His license is currently in active status. 3. Respondent's last known address is 10017 Journey’s End, Taighassee, Florida 32312. 4. On or around November 17, 1997, Masoud Fahimipour, an unlicensed individual, contracted with Thomas and Diane Williams to build a home on property located at 99 Limerock Lane, Crawfordville, Florida. 5. The contract price was $150,000.00, and the Williams paid Fahimipour or his _ business, Oaxin Homes, $36,400.00. 6. On or around April 20; 1999, Respondent obtained permit number 024944 from the Wakulla County Building Department for Fahimipour’s work on the Williams project. 7. At the time Respondent received the permit, he had not contracted to perform work on the Williams home, was not receiving payment from the Williams for the project, and was not supervising or performing work on the Williams project. COUNT I 8. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth in this Count I. 9. Based on the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. | COUNT II 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth in this Count II. ” 11. — Section 489.127(4)(c), Florida Statutes, provides, in part, that a certified or registered contractor may not apply for or obtain a building permit for construction work unless od the certified or registered contractor has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 12. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. . WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one ot 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 $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this ). ] Hy aay of A prc 2001. oth lL Cag) ROBERT A. CRABILL ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Patrick F. Creehan F | L E D lation Assistant General Counsel Department of Business and Professional Regulatio Department of Business and ; DEPUTY CLERK Professional Regulation MN . 1940 North Monroe Street curred rand Alichale Tallahassee, FL 32399-2202 - RAC/PFC DATE _5-$-200\__ Case # 99-09959

Docket for Case No: 01-002686PL