_ STATE OF FLORIDA et aner ea Va DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION yp re) CONSTRUCTION INDUSTRY LICENSING BOARD , © DIVISIONT ants, NY . . Oy Slow 'O DEPARTMENT OF BUSINESS AND : He, angi e PROFESSIONAL REGULATION, Mes live "_ Petitioner, | Vs. Case No. 2000-04614 DAVID PAUL MART, _ - Respondent. va "ADMINISTRATIVE COMPLAINT " Petitioner, DEPARTMENT OF. BUSINESS AND PROFES SIONAL REGULATION, ("Petitione-"), files this Administrative Complain nt before the Construction Industry i censing’ Board, ageinst DAVID PAUL MART, ("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. .. 2.0 " Respondent is, and has been at tall times material hereto, a Certified Residential wtih i . “Contractor jn the State of Florida, having been jssued license number CR 040916. 3. | Respondeat s last known address is Post Office Box 2178, Palm City, Florida, a : ui. ‘ 34990. 4. Atalltimes material hereto, Respondent. vas licensed to qualify Steel Building ~ ‘Systems, Inc. sTicense number: B 0005694. 3s, provides that all primary qualifying agents-~ scerations Sof 4 equally responsible for supervision of all ° for a business organization are jointly an 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, Respondent, doing business as Steel Building Systems, Inc. (hereinafter “Steel”), contracted with Douglas Bass (hereinafter “Bass”), for the ; uthwest San Antonio Drive, Palm m City, construction of two homes on property located at 2701 So : Florida. 7. The contract price was $263,178.37.and Respondent was paid approximately $67,796.99. : Oo | . ! 8. Respondent failed to provide notification of the Construction Industries Recovery’ 9, Respondent failed to provide his license niimber on the contract. 7} ondent notified Bass that he was no longer able to io. Inor around June of 1999, Resp receive draw payments from the lender due to personal problems he was having with the internal Revenue Service. . : | 1. _ Bass took over the project by receiving the draws and hiring the suboontractors to complete the pret although Respondent remained i in contact with Bass in \egard to the project. - a “A certificate of occupancy was issued in or around January of 2000, however to complete the p! oject, with | oo. Bass ‘had to borrow an : additional $45, 000.00 over the contract price act items still not completed at the time the. gertificate of occupancy was issued. “various contr to ‘account for all of ‘the money he had Respondent w: not able e Ba took 0 over.the project. 14. Respondent filed bankruptcy on or about May 26, 2000.” COUNT is es the allegations set forth i in Paragraphs: One through Fourteen as though fully set forth herein. oe ; i . ere Petitioner realleges and incorporat 16, Section 489. 119(6)(b), Florida Statutes (1997), provides that that the registration ority number for each business mber of each contractor or r certificate of auth { or certificatio on nw organization shall appear in each offer of services, business ‘proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor oF, _ business organization in the preci of contracting. 17. Based on the foregoing, \ ¢ Statutes qa 997), by failing in any materia respect to comely with the provisions of this par or po “violating a ‘rule or lawful order 0 heboaid - cOUNTTI : 18. Petitioner realleges and incorporates the allegations ‘set forth in Paragraphs One through Fourteen as though fully set forth herein. 19. Section 489. 1425, Florida} Statutes (1 997), provides that any agreement or : contract for repair, restoration, im: written statement exp! aining the consumer” 's Tights under the Construction Industries and materials does not dtoeed $2,500.00. ; Recovery | Fund, except wihese the value of all fabor 20. Based on the foregoing, the Respondent violated Section 489. 12911 )(), Florida Statutes (1997), by failing in any inate al respect to ‘comply ‘with the provisi the Respondent violated Section 489.129(1)4), Florida ‘ nprovemet or construction to residential real property must ~~ Ww %, ons of this part or (eee 21, Petitioner realleges and incorporates the allegations set forth in Paragraphs One: through Fourt een as though fully set forth herein. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(g)3, Florida Statutes (1997), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the i contractor’s job has been completed, And it is shown that the customer has had to pay more for i the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by te terms’ of the contract between the contractor and the customer. | COUNT IV A 23. Petitioner realleges and incorporates the allegations set forth in Paragraphs One. through Fourteen as ‘hovat fully set forth herein. 24. Based on n the foregoing, the Respondent ' violated Section 489.129(1)(n), Florida q Statutes < (1997), 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 penatties: ‘place on yrobation, reprimand the licensee, revoke, suspend, deny the issuance or renewal ci the certificate or . L registration, require financial restitution to a consumer, impose an administrative fine not to exceed ae 000 ‘Per violation, require continuing - education, assess costs associated with “investigation and prosecution, impose any or all penalties delineated within Section 435. 207(2); Florida Statutes, and/or any other r relief that the Bozrd i is authorized to impose pursuant to. Chapters 489, 455, Florida Statutes, and/or the rules promulgated ereunder. yom i i _, 2001. ~ Signed this a day of FILED. Depariment of Business and Professional Ragulation DEPUTY CLERK ~ DATE __- 5: 7 7-200 : COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond W 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 2000-04614 ACool ff Robert A. Crabill Assistant General Counsel. a

Docket for Case No: 01-004217PL