STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-07788 THOMAS S. CURTISS, Respondent. / ADMIUINE: STRATIVE COMPLAINT 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 et Serer ce arr 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 33610-11735. 4. At all times material hereto, Respondent was the licensed qualifier for Scott Curtiss, Inc. ("Contractor"). ; 5. Section 489.1195( DQ), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally tesponsible 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 L 7. On or about November 12, 1996, Ofelia Santana (“Customer”) entered into a City of Hialeah/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 481 SE 7" Avenue, Hialeah, Florida 33010, 9. The price of the aforesaid contract was Eighteen Thousand, Six Hundred dollars ($18,600.00). 10. On or about December 11, 1997, the Contractor submitted a change order to the City of Hialeah in the amount of Four Thousand, Three Hundred Thirty Four dollars ($4,334, 00). 11. The City of Hialeah paid the Contractor Twenty Two Thousand, Nine Hundred Thirty Four ($22,934.00) in furtherance of the contract. s he Bak kL, rane eee dai a 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 or was not fully performed, includes, but isn not limited to: repair ceilings damaged by roof leaks throughout the house, Spray popcorn ceilings, install smoke detectors, repair cracks and holes to concrete exterior wall, and paint interior and exterior. 14. Work the Contractor was paid for in the change order that was not performed, includes but is not limited to: eliminate illegal plumbing and install new water lines in accordance with the building code to exterior lavatory and obtain additional permits. 15. Work that the Contractor was paid for in the original contract that the Contractor was also paid for in the change order includes, but is not limited to: repair kitchen wall and damaged wood, and install a sliding window in room two (2). - 16. Obtaining payment for work not performed Constitutes misconduct in the practice of contracting, 17. Based on the foregoing, the Respondent violated Section 489. 129(1)(n), Florida Statutes (1996 SUPP. ), by committing i ‘ncompetency or misconduct t in the Practice o of contracting. WHEREFORE, Petitioner respectfully requests the Construction n Industry ‘Licensing Board enter an Order j imposing one or more of the following penalties: pl _Place on probation, reprimand the licensee, revoke, suspend, deny the i issuance or renewal of ‘the > certificate or registration, require financial Testitution to a consumer, Impose a an administr ive fine notto exceed $5,000 per violation, require continuing educatio ass associated wi Aearenseesgt paises tr: investigation and Prosecution, i 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 i Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. L _ CHIEF CONSTRUCTION ATTORNEY FILED COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation DEPUTY CLERK Diane Snell Perera Senior Attorney (2 , MM Ah: fe i. Department of Business and CLERK AM4 Professional Regulation DATE | | - \3 =- 200) Office of the General Counsel 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/ms ob pe “PCP. 1O-Z4-0) Ruben cd MAC ue, - oper

Docket for Case No: 01-004896PL