oes TATE OF FLORIDA _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION "CONSTRUCTION INDUSTRY LICENSING BOARD _ DIVISION I ot 2 9 2 9 p /, DEPARTMENT OF BUSINESS AND “PROFESSIONAL REGULATION, Petitioner, vs. ; ves Case Nos. 99-03618 & 00-02729 VINCENT LLOYD.GRAHAM, -- Respondent.” / ADMINISTRA’ TIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this ‘Administrative Complaint before the Construction Industry Licensing Board, against VINCENT LLOYD GRAHAM, ("Respondent"), and says: | | 1. Petitioner is the state agency charged with regulating the practice of contracting : “abt ti to Section 20. 165; Florida Statutes, and Chapters 455 and 489, Florida Statutes. . 2. - : Respondent i is, and has been at all times material hereto, a Certified Building Contractor, i in 1 the State of Florida, having Been iésued license number ‘CBCO51 164. His license 3601 SW 2" Street, Fort Lauderdale, 33312. 4, Atall times material hereto, the Respondent was licensed to practice contracting ; as Ross & Graham Construction. 5.:..° Atno time material hereto did Respondent possess a valid certificate of authority to practice contracting as Ross & Graham Construction, as required by Section 489.1 19(2), Florida Statutes. Facts Pertaining to Case Number 99-03618 6. On or around June 22, 1998, respondent contracted with Joan Seaga-Gonzalez to renovate commercial property located at 6453 Pembroke Road, Hollywood, Florida.” Y 7.“ The contract price was $12,900.00 and Respondent was paid $4200.00. 8... The contract did not contain notification of the Construction Industries Recovery so» Fund as required by Section 489.1425, Florida Statutes. | 9, Construction began on or around June 24, 1998. 10. . ‘The contract specified that the job would be completed within six weeks of the start date. Il. . Respondent failed to obtain a permit for his work on the Seaga-Gonzalez project. 12. Six weeks after construction on the Seaga-Gonzalez proj ect began, the project was not completed. 13, | On or around September 27, 1998, Respondent signed a statement promising that the Seaga-Gonzalez construction would be completed by October 4, 1998. - ~ roject by October 4 1998 as promised. 14. _ Respondent failed to complete the 16. project. 17. 18. ~ >< Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count I. 9:1425; Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a _.. Written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. coer 20. 2.-.Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida .. Statutes, by failing in any material jespect to comply with the provisions of this part or violating a tule or lawful order of the board. COUNT I 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count II. 22, _ Section 489.119(2), Florida Statutes, provides that ifan applicant proposes to engage in contracting as a busiiess 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, ... arule or lawful order of the board. ; 23. "Based upon the foregoing, the Respondent violated Section 489. i Statutes, by failing in any material ré8pect to comply with the pibvisions of this part or violating . ~-24.°.- Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count III. 25. Based upon 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 may be presumed abandoned after.90 days ifthe contractor : terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. -“ COUNT IV : 26. ~ Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as ‘though fully set forth in this Count IV. 27. Section 455.227(1)(a), Florida Statutes, provides disciplinary grounds for making _ misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession. 28. Based upon the foregoing, Respondent violated Section 489.129(1)(c), Florida - - Statutes, by violating any provision of Chapter 455. COUNT V 30. Based upon the foregoing, Statutes, by Proceeding o on n any ny Je without obtaining applicable local building department . permits and inspections, «Fact Pertaining to Case Number 99-03802 _ . 31... On or around July 1,1999, Leslie Llanos contracted with Roosevelt Goody, doing business as Goody Goodies Development, to convert 4 garage into a full bedroom and bathroom on the Llanos property located at 2 10 Keystone Boulevard, North Miami, Florida. 32, . The contract price was $1 1,000.00 and Goody was paid $10,100.00. | 33...,:. At no time. material. hereto. swas Goody Ii licensed to fo practice contracting i in his Individual name or as Goody Goodies Development, Oe oo B 4, E The Goody Gasdies Development contract used by Goody contained . Respondent’s license number as contractor, in violation of Section 489.127(4)(a), Florida | “Statutes, } | . 35. Onor around June 23, 1999, Respondent obtained City of North Miami permit number 99-03802 for Goody’ s ; work on the Lianos project. 36. : , ‘Atno time material hereto did Respondent possess a valid contract for work on’ - _ the Llanos project or participate in any way on the Llanos project. COUNT NT Vi 37. Petitioner realleges and i incorporates the allegations set forth in paragraphs one. through five and thirty-one through thirty. -six as though fully set forth in this Count VI. 38. the Respondent violated Section + 489-129()(P),. Florida d upon the foregoing, Respondent violated Section 489.129(1)(4), Florida - uncertified and unregistered practice of contracting, if the certificatcholder or iegistrant knows or. has reasonable grounds to know that the person or entity was uncertified and unregistered, 3 9, .. Petitioner tealleges and incorporates the allegations set forth in paragraphs one through five and thirty-one through thirty-six as though fully set forth in this Count VII. 40. Based upon the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his or her certificate, registration, or certificate of authority to be used by the uncertified . Or Unregistered person with intent.to evade.the provisions of this part... When a certificateholder or registrant allows his or her certificate of registration to be used by one or more business “ organizations without having any active participation in the operations, management, or control -,..0f such business organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this part. “41. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and nd thirty-one through thirty-six as though fally set forth in this Count VIIL. 42. Section 489. °-27AE), Florida Statues, provides that a certified or registred rized by a local construction regulation board t to do ‘contracting, may not knowingly ; allow his or r her certification number ¢ or r registration number t to be used bya person who is not certified or registered as provided for in this chapter, or used by a business . organization that is not qualified for as provided for in this chapter to enga e in the b ines, act in the capacity of, a contractor. — 43. Based upon the foregoing, the Respondent violated Section 1 ABD, 125600 Florida Statutes, by failing i in any material respect to comply with the provisions of this part or violating atule or lawful order of the board. ; COUNTIX 44. Petitioner realleges and incorporates the‘allegations set forth in paragraphs one through five and thirty-one through thirty-six as though fully set forth in this Count IX. ; 45. Section 489.127(4)(c), Florida Statutés, provides, in part, that'a certified or ‘registered contractor may not apply for or obtain a building permit for construction work unless «. wthe 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. 46. ._ 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 arule or lawful order of the board. 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 authorized to impose pursuant to tes, and/or the rules promulgated thereunder. Signed this 7 COUNSEL FOR DEPARTMENT: . . Patrick F. Creehan : F | ional Regulation | ~- Assistant General Counsel Department of a CLERK . | Department of Business and Professional Regulation M flidole 1940 North Monroe Street cure ard . | -oeTallahassee, FL 32399-2202 CEO/PFC Case # 99-03618 &00-02729

Docket for Case No: 01-002922PL