cat . ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, in the State of Florida, having been issued license number CP C053918. neem a A Tc et DEPARTMENT OF BUSINESS AND PROFESSIONAL GUI ATI CONSTRUCTION INDUSTRY LICENSING BOARD rVwiSiGh STATE OF FLORIDA vt art! ULATION DIVISION II Ol -2066PL | DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION, | ; Petitioner, vs. Case No. 99-09827 DAVE HOPKINS Respondent. / » ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, “against DAVE HOPKINS, ("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 Pool Contractor Florida 32709. 4. At all times material hereto, Respondent was the qualifying agent for Sun Technical Systems, Inc. 5. Section 489.1195(1)(a), Florida Statutes (Supp. 1998), 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. 6. On or about October 17, 1998, Ri espondent, d.b.a. Pleasure Pool Services, Inc., entered into a written agreement with Nancy L. Morasch (hereinafter "Morasch"), whereby Respondent was to renovate Morasch's swimming pool located at 1210 Sunshine Trace Blvd., Longwood, Florida 32779. . 7. At no time Material hereto was Respondent licensed to practice contracting as Pleasure Pools Services, Inc. 8. The contract price was $18,800.00, of which Morasch paid Respondent $15,000.00. 9. Respondent failed to obtain a building permit for the project. | 10. Respondent commenced work on the project, but after receiving $15,000. 00, did very little work at the site and eventually stopped work altogether. The percentage of work Performed by Respondent i is less than the 80% of the ‘contract price that he received, He ; _ Respondent has failed to return any of the money paid to him by Morasch, and the pool f remains defective and missing a Permit and i inspection, ; ; . os i & COUNT I I through eleven as though fully set forth herein, 13. Based on the foregoing, Respondent violated Section 489. 129(1)(g)2, Florida Statutes (Supp. 1998), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer 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. COUNT II 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes (Supp. 1998), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT an I E emt sem giRitnte aan i, 16. «. Petitioner realleges and incorporates the allegations : set forth i in paragraphs one through eleven as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489. 129(1)(0), Florida Statutes (Supp. 1998), by proceeding ona job without obtaining applicable local building department permits and inspections. eteisucioeuiel mbt. : 19, Based o on the foregoing, Re Respondent violated Section 489. 129190, Florida Statutes (Supp. 1998), by acting in the capacity of a contractor under any certificate or Tegistration issued hereunder, except in the name of the certificateholder or Tegistrant as set forth on the issued . en rere rR tse scaneeana certificate.or registration. COUNT V 20. . Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 21. — Section 489.119(6)(b), Florida Statutes (Supp. 1998), states that the license number of each contractor shall appear in each contract used by that contractor in the practice of contracting. . : | 22. Respondent did not include his license number on the contract with Morasch. 23... Based.on the foregoing, Respondent violated Section 489.129(1)@), Florida Statutes (Supp. 1998), by failing in any material Tespect to comply with the provisions of this part or violating . a tule or lawful order of the board by having violated Section 489.1 19(6)(b), Florida Statutes (Supp. 1998). COUNT V1 ee SE od ; 24, Petitioner realleges and incorporates the allegations Set “forth i in paragraphs one through eleven as though fully set forth herein. .25.. Section 489.1425(1), Florida Statutes, (Supp. 1998) s states 8 that any agreement or contract for repair restoration, improvement, or construction to residential Teal |property must contain a written statement xt notifying the customer r of the Construction Industries Recovery Fund Xespon ent failed to include the Construction Industries Recovery Fund Notification in the contract with Morasch. or violating.a rule or lawful order of the board by having violated Section 489. 1425(1), Florida Statutes (Supp. 1998). COUNT VII 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 29. Section 489.119(2), Florida Statutes (Supp. 1998), states that any applicant proposing to engage in contracting as a business organization, must apply for a certificate of authority through a qualifying agent. ~- Respondent failed to obtain a certificate of authority for Sun Technical Systems, Ino. 31. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida . Statutes (Supp. 1998), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489. 119(2), Florida Statutes (Supp. 1998). 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 Testitution toa consumer, impose an administrative fine not to exceed $5, 000 per violation, require continuing education, assess costs associated with i investigation and prosecution, impose any or all penal i the Board i is authorized 1 to © impose Pursuant to Chapters 489, 455, Florida Statutes, and/or the rules _ d lineated within Section 455. 227(2), Florida Statutes, and/or any other relief that promulgated thereunder. ; ; Signed this QU, ___ day ot_ lh ust 2000, . | Z| | | J, ByN\G.W] Harrell - : : y Interi Lead Construction Attorney : ~ COUNSELS FOR DEPARTMENT: Senior Attcmney Department of Bsns and Profesional Roun and E UTY CLERK Erica D. Glover Mn . enior Attorney CLERK Wichel. Department.of Business and _ 9-20-2000 Professional Regulation DATE 0 : Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ' EDG/bjb . ~~ Case # 99-09) PCP: August 24, 2000 : ; Lawson & Weller oo my

Docket for Case No: 01-003055PL