DAVOTT PE roy STATE OF FLORIDA PUL ER DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIQS * Pow bad CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND S RAgayr PROFESSIONAL REGULATION, “ARINGS Petitioner, VS. Case No. 2000-03385 JOSEPH THOMAS LINDENBERGER, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSEPH THOMAS LINDENBERGER, ("Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, lorida Statutes, and Chapters 455 and 489, Fi 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 CA20020, currently in inactive status. 3. Respondent's last known address is 17962 Alexander Run, Jupiter, Florida, 33478. 4, At all times material hereto, Respondent was the licensed qualifier for Lifestyle Homes, Inc. 5. Section 489.1195(1)(a), 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. 6. The Respondent failed to obtain a certificate of authority for Lifestyle Homes. _ 7. On or about May 24, 1999, Respondent, doing business as Lifestyle Homes (hereinafter “Lifestyle”), entered into a contract with Jeffery Mitchell (hereinafter “‘Mitchell’”) to construct a single-family residence. 8. The contract price was $267,856.00 and Respondent was paid approximately $39,785.00. 9. Respondent failed to provide notification of the Construction Industries Recovery Fund with the contract. 10. Inor around January of 2000, Respondent presented Mitchell with a bill in the amount of $12,295.00 from C & W Enterprises, the fill company, and stated that due to additional expenses of clearing and fill stemming from environmental issues and concerns, Respondent would not be able to pay the bill. 11... Mitchell paid Respondent $13,000.00 to pay the fill company and other bills, and Respondent eventually paid the fill company approximately $6,000.00. 12. Respondent was terminated as the contractor in or around March of 2000, due to what Mitchell perceived as numerous, unnecessary delays and Respondent not paying his bills. 13. The fill company filed a lien in the amount of $6,000.00 against the property. 14. Respondent failed to satisfy the lien. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs One 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 any 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, the Respondent violated Section 489.129(1)(i), 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 II 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, provides that any agreement or contract for repair 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. 20. 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 HI 21. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fourteen as though fully set forth herein. 22, Based on the foregoing, the Respondent violated Section 489.129(1)(g)(1), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services, and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. 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 Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Fil EDs ned this LST dayof [Vous af 2001. Department of Business and Professional CLERK DEPUTY CLERK Michele Robert A. Crabill DATE 3 a 3 -200! * Lead Construction Attorney COUNSEL FOR DEPARTMENT: PoP extol bard! ¥- Churg- Theodore R. Gay Assistant General Counsel and Angela C. Desmond pc) Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACR- 2000-03385

Docket for Case No: 02-001677PL