STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I EGS DEPARTMENT OF BUSINESS AND D/ 7 x a PROFESSIONAL REGULATION, : ; Petitioner, vs. Case No. 2000-07787 THOMAS §. CURTISS, Respondent. / ADMINISTRATIVE COMPLAIN Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against THOMAS S. CURTISS, ("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 cies an a C ioad Contractor, in the State of Florida, having been issued license number CG C009393. 3. Respondent's last known address is 7517 Veve Lane, Tampa, Florida 33610-1175. 4, At all times material hereto, Respondent was the licensed qualifier for Scott Curtiss, Inc. ("Contractor"). 5. Section 489.1195( De), Florida Statutes, 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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about December 6, 1996, Jesus and Sandra Noriega (“Customer’’) entered into a City of Hialeab/State Housing Initiatives Program (“SHIP”) Owner/Contractor Agreement Contract for residential rehabilitation with the Contractor. 8. The contract provided for rehabilitative work at the Customer’s residence located at . 7135 West 2™ Way, Hialeah, Florida 33014. . 9. The price of the aforesaid contract was Nine Thousand, Six Hundred Fifty Three dollars ($9,653.00). 10. Onor about January 7, 1997, the Contractor submitted a change order to the City of Hialeah in the amount of Four Thousand, Fout Hundred Thirty Four dollars ($4,434.00). 11. The City of Hialeah paid the Contractor Fourteen Thousand, Eighty Seven dollars and Sixty cents ($14,087.60) in furtherance of the contract. Hh ak, Beas ame 12. The Contractor performed some rehabilitative work on the Customer’s property. 13. | Work the Contractor was paid for in the original contract that was not performed, includes, but is not limited to: bulges and cracks caused by water in rear exterior wall, and dining room ceiling and sliding door area walls and ceilings damaged by water leaks. 14. Work the Contractor was paid for in the change order that was not performed, includes but is not limited to: replace electrical switch in master bedroom, rewire water heater, replace one outlet in kitchen, install GTF in front porch, install conduit line for exterior light in rear porch, replace refrigerator outlet, replace living room outlet, and obtain additional permits. 15. Obtaining payment for work not performed constitutes misconduct in the practice of contracting. 16. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (1996 SUPP.), 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 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 merce oe ae aera’ Bake ws. Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this “Tt, ire xmat , 2001. ALA O90 ROBERT CRABILL CHIEF CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: f VE sn requton si pepartment of DEPUTY CLE Diane Snell Perera Senior Attorney . Department of Business and Py pnd Professional Regulation CLERK \\ - 3 - 200\ Office of the General Counsel DATE eee 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/ms PCP: \D-Z4-D \ umber d IMO Se5 FR or oe FREE ET RRR ERR TR RN PERRIN eer ee

Docket for Case No: 01-004895PL