OULD 03 JAN 29 PHI2: 23 STATE OF FLORIDA PIV ISIGH OF DEPARTMENT OF BUSINESS AND PROFESSIONAB BHGUEATNIOVE CONSTRUCTION INDUSTRY LICENSING BOARDRIRGS DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0%» - e % a1 p UL vs. Case No. 2001-02571 RICHARD OWEN PHILLIPS, Respondent . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RICHARD OWEN PHILLIPS, ("Respondent"), and says: 1. Petitioner is the state agency charged with re gulating 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 C050851. 3. Respondent 's Jast known address is 1500 NW 62™ Street, Suite 421, Ft. Lauderdale, Florida 33309. 4. At all times material hereto, Respondent was the licensed qualifying agent for Atlantic Coast Remodelers, Inc., having been issued license number QB 00050851, which is currently in active status. 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. On or about June 19, 2000, Respondent, doing business as Atlantic Coast Remodelers, Inc., entered into a contract with Phillip Asbury to construct connecting screen enclosures to enclose the pool and patio area of the Asbury home, located at 5824 Westfall Road, Lake Worth, Florida 33463. 7. The total amount of the contract was $17,720.03 and Respondent was paid $14,841.00. 8. The contract did not include consumer notification of the Construction Industries Recovery Fund. 9. The contract called for two (2) screen enclosures, one around the pool and patio area and another with a tin roof leading from the house to the other surrounding the pool. The enclosure connected to the house was completed by the contractor, but the one to surround the pool and patio area was not. 10. DBPR investigation confirmed with the Palm Beach County Building Department that no permit was pulled for the Asbury residence concerning the aforementioned project. 11. Attomey for Respondent sent a written reply to the DBPR investigation stating that Respondent resigned as primary qualifying agent for Atlantic Coast Remodelers, inc. on July 18, 2001. He further stated that Respondent had completed his statutory duties as qualifier by maintaining contact with Tom Demore, principal of Atlantic Coast Remodelers, Inc. Respondent does not own stock in Atlantic Coast Remodelers, Inc. 12. The reply letter further included that Respondent was not aware that Atlantic Coast Remodelers, Inc. had undertaken the Asbury project. Upon learning of the project, it is now Respondent’s understanding that the job was commenced without permits and abandoned after it was learned that footers for the second screen enclosure would encroach upon the easement. According to the written response, Respondent has demanded Atlantic Coast Remodelers, Inc. complete the job, but cannot give reassurances that they will do so. ) COUNT I 13. Petitioner realleges and incorporates by reference, the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 14. Section 489.119(6)(b), Florida Statutes states that a registration or certification number of each contractor or certificate of authority number for each business 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 or business organization in the practice of contracting. 15. Based on the foregoing, 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 II 16. Petitioner realleges and incorporates by reference, the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 17. Based on the foregoing, the Respondent has violated Section 489.129(1)G), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT Il 18. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 19, Based on the foregoing, the Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT IV 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 21. Section 489.1425(1), Florida Statues provides 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. 22. Based on the foregoing, 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 tule or lawful order of the board. 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, a , 2002. Signed this_( Ox _ day of May PCP: March 26, 2002 Burke/Alford COUNSEL FOR DEPARTMENT: Angela C. Desmond ARs) Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 Ay Aci Case #2001-02571 Ot Vc hn\J. Matthews ernm Chief Construction Attorney

Docket for Case No: 03-000327PL