0? ‘ key - ‘¢ Pos “ey a ~ fg. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, bl o Petitioner, DD a r 3 5 W vs. Case No. 2000-04051 CF tel 3 MICHAEL E. BEAUCHAINE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner", files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL E. BEAUCHAINE, ("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 contractor in the State of Florida, having been issued license number CG C061150. 3. Respondent's last known address is 2809 Harder Oaks, Valrico, Florida 33594. 4, At all times material hereto, Respondent was the qualifying agent for American Custom Homes, Inc. 5. Between December 1998 and September 1999, Respondent, d.b.a. American Custom Homes, Inc. (hereinafter "American), signed three promissory notes with the lender Highview Properties, Inc. (hereinafter Highview"). 6. The total amount of the three promissory notes was four hundred fifty-two thousand five hundred fifty-two dollars ($452,552.00). 7, The promissory notes were for the construction of nine single family homes on nine separate lots in Hillsborough County. 8. Respondent received thirty-one draw payments totaling one hundred fifty thousand five hundred eighty dollars ($150,580.00). 9. Respondent forged reports on the progress of the homes in order to receive the draw payments. ) 10. During or around March 2000, Highview discovered that Respondent failed to commence work on any of the homes. od COUNT I 11. Petitioner realleges and incorporates paragraphs one through ten as though fully set forth herein. 12. Based on the foregoing, Respondent violated Section 489.129(1)(g)2., Florida Statutes (1999), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer when the contractor has abandoned the customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment. COUNT IL 13. Petitioner realleges and incorporates paragraphs one through ten as though fully set forth herein. 14. Based on the foregoing, Respondent violated Section 489.129(1)(), Florida Statutes (1999), by abandoning 4 construction project in which he was engaged or under contract as a contractor. COUNT I 15. Petitioner realleges and incorporates paragraphs one through ten as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)0), Fl orida Statutes (1999), by committing fraud or deceit in the practice of contracting. COUNTIV 17. - Petitioner realleges and incorporates paragraphs one through ten as though fully set forth herein. 18,~ Based on the foregoing, Respondent violated Section 489.129(1)(m), Fi Yorida Statutes (1999), 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 4 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. Signed this _2 ml day of Sul 2001. / obert lA Crabill ief Construction Attorney ( 1 ! { FILED COUNSEL FOR DEPARTMENT: Department of Business aad Professional Regulation DEPUTY CLERK Robert A. Crabill Assistant General Counsel Lrardet tidelt Department of Business and Professional Regulation DATE qd 3 \ -200\ Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 RAC/bjb Case # 2000-04051 CLAN pep: a1 lot Hus bana 4 Hanpt

Docket for Case No: 02-003588PL