ae ae Peek, ED QT JUL 25 PHl2: 31 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, “Ys. Case No. 98-16997 UV > O75 TPL Ot TIS RL ROBERT EARL CROSS, Respondent. . | : ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint be before the Construction Industry Licensing n 20.165, Florida Statutes, and 1d Chapters 455 and 489, Florida Statutes, 2. Respondent is, and has been at all times material hereto, a Certified Building Contractor, in the State of Florida, having been issued license number CB C053668, 3. Respondent's last known address is 7309 49% Avenue East, Bradenton, Florida, 34203. | ) 4, At all times material hereto, Respondent was the licensed to do business in an individual capacity. 5. On or about April 19, 1997, Respondent entered into a-contract with Charles Kenneth and Rosalyn Scruggs (“the Scruggses”) to construct a single-family residence to be ' located at 7299 3gt Court East, Bradenton, Florida, 34203. one hundred sixty-four thousand four hundred twenty-five dollars and ninety-four cents ($164,425.94), 7. The contract failed to contain Respondent’s license number, : 8. The contract failed to contain a notice explaining the consumer's rights under the Construction Industry Recovery Fund as required by Section 489.1425(1), Florida Statutes, . 9. _ Respondent entered into the contract as Robert E. Cross Home Builders, 10. At no time material hereto was Respondent licensed to do business as Robert E. Cross Home Builders, Il. On or about August 8, 1997, Respondent Obtained building permit number © Manatee Coun Building Department. ; ut September | 1997, Respondent commenced Construction. Se ’, Respondent ceased all wo . On or about March 1, 19 tk on the project. 14, Respondent failed to perform any additional work on the project for a period ereater than ninety (90) days. : 2 RRC Re ESE: 15. In early March or April of 1 998, Gene Gainer, a certified building contractor (CB C058037) inspected the progress of the Construction at the Scruggses’ Tesidence and estimated’ that the project was approximately thirty to forty percent (30-40%) complete. 16. To date, Respondent has failed to Complete the project or return any of the monies he accepted from the Scruggses. COUNT I 17. Petitioner realleges and incorporates the allegations set t forth i in paragraphs one through sixteen as though fully set forth herein. 18. Section 489.119(6)(b), Florida Statutes, provides that the Tegistration or . certification number of each contractor or certificate of authority number for each business Organization shal] appear in each offer of services, business proposal, bid, contract, or advertisement, ‘Tegardless of medium, as defined by board rule, used by. that contractor or business organization in the Practice of contracting. 19. Based on the foregoing, Respondent violated Section 489. 90x, Florida Statutes, by failing in any material aspect to comply with the provisions of this part or violating a Tule or lawful order of the board, as here, Section 489.1 19(6)(b), Florida Statutes, COUNT H es and incorporates the allegations set forth i in _paragrephs one ; through si sixteen as s though fly set forth herein. _ : anes - Lae y, SOIR A Ra oe BEEN written st xplaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all material does not exceed $2,500. 1 22. ‘Based on the foregoing, Respondent violated Section 489. 129(1)@), Florida Statutes, by failing i m any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, including, as here, Section 489.1425( 1), Florida Statutes, which states 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. COUNT II 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth herein, 24. Based on the foregoing, Respondent violated Section 489, 129(1)(g), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued except in the name of the certificateholder or registrant as set forth on the issued certificate or | . registration, or in n accordance with the Personne of the certificateholder or registrant as set forth in the application for the Certificate Or registration, or as later changed as Provided i in the statutes of rules promulgated thereunder. cOUNTIV IV upon the foregoing, R Respondent violated Section “489, 129(1)(19, Florida Statutes, by abandoning @ construction project in which the contractor is engaged or under ‘contract as a contractor. ' Seg ae pf Sg hal COUNT V 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth herein, 28. Based on the foregoing, Respondent has violated Section 489.129(1)(n), Florida Statutes, by committing i incompetency or misconduct i in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter-an Order i 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, ey, the rules pri mulgated there Signed this itt Cay of, 2000. Lead Construction Attorney COUNSEL FOR DEPARTMENT: Ellen C. Marino F | L E Assistant General Counsel ulation Department of Business and Department of Business and Protgssional Rag Professional Regulation DEPUTY CLERK 1940 North Monroe Street : 4, f / ; Northwood Centre { 2 ‘ tnt Tallahassee, FL 32399-2202 CLERK 000 ECM/sme Case #98-16997 Ay

Docket for Case No: 03-000757PL