fv STATE OF FLORIDA Gy if & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Me Seg * CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, | © [- 3453 PL Vs. a Case No. 2000-03188 PERRY R. BARRETT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against PERRY R. BARRETT, ("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 Residential ' Contractor, in ‘the ‘State of Florida, having been issued license number cR 012449. a Palm Drive, “Bagewater, Florida. At all times material hereto, Respondent was licensed to qualify Ponderosa Homes, Inc. ction 489.11 95(1)(a) Florida Statues, provides that all primary qualifying 2 Sep ToR per A -! Paimetee amr SSR a RE 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. The Respondent failed to obtain a certificate of authority for Ponderosa Homes, Inc. 7. On or about May 5, 1999, Respondent contracted with David Raber to build a new single family residence at 2429 Sabal Palm Drive, Edgewater, Florida. 8. The contract price was $92,820.00 and Respondent was paid a deposit of $12,820.00. 9. The contract did not contain notification of the Construction Industries Recovery Fund. . 10. Work began on the project, but ceased in or around April of 2000, with the last inspection occurring on or about February 24, 2000, for insulation. . 11. Correspondence was received by the Department of Business and Professional Regulation from Respondent on July 17, 2000, September 5, 2000, and October 11, 2000. ; cal? ‘This crreipondence stated that Respondent would complete the Project in the s his mail is not his residence or business location. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One ted t aie Bes i : ‘ through Fourteen as though fully set forth herein. 16. Section 489.119(2), Florida Statutes, provides that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in arly 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. 17. Based on the foregoing, Respondent violated Section 489.129(1)G), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating - a tule or lawful order of the board. COUNT 18. Section 489.124(2), Florida Statutes, provides that each certificateholder or registrant shall be solely responsible for notifying the department in writing of the certificateholder’s or registrant’s current mailing address and phone number. If the mailing _address is not the certificateholder’s or registrants physical address, the certificateholder or registrant shall also supply the physical address. COUNTHT 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 21. Section 489.1425, Florida Statutes, provides that any agreement or contract for * Tepair, 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. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(), 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. COUNT IV 23. Petitioner realleges and incorporates the allegation set forth in Paragraphs One through Fourteen as though fully set forth herein. _ 24. Based on the foregoing, the Respondent violated Section 489.129(1)(j), 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 if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, ot fails to perform work without just cause for 90 consecutive days. COUNTY Vv 25. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 26. Based on 1 the foregoing, the Respondent violated § Section 489, 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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 ret cee oe BRR] S Fhe Ras 2 “exceed $5, 000 per “violation, ‘equire ‘continuing education, assess “costs associated “with | investigation and prosecution, impose any. or r 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 Lf a day of Cabaw , 2001. COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and - Angela C. Desmond Assistant General Counsel Department of Business and ‘Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2000-03188 -¥ PCP: January 31, 200] — Alford & Borgemeistér Lb CoROE fr By: John J. Matthews Assistant General Counsel FILED Department of Business and Professional Regulation AGENCY CLERK CLERK Sow x. WeuAwns ovr . DATE R= 14-200 | ose

Docket for Case No: 01-003453PL