ae TMi Hs bees a x E in Py 81 JUL 25. pHi: 32 DIVISION Ge AD) AIRISTRAT} \TH STATE OF FLORIDA HEARINGS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRIES LICENSING BOARD DIVISION | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, le By, 07 IP a vs. Case No. 99-05418 - ROBERT EARL CROSS " Respondent. ey ADMINISTRATIVE COMPLAINT Petitioner, | DEPARTMENT OF ; BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before Construction Industry Licensing Board, against Respondent, ROBERT EARL CROSS, and says: 1. Petitioner is the state © agency charged with n regulating the * Practice OF mes material hereto, Respondent was $ duly licensed to engage in the practice of contracting in n the State of Florida pursuant to Chapter 489, Part |, Florida Statutes, having been issued license number CB C053668. 3. Respondent’s address of record is 7309-49" Avenue East, Bradenton, Florida 34203. 4. At all times material hereto, Respondent was licensed to do business j in an individual capacity. cc teeieteece 5. On or about November 16, 1997, Respondent contracted with Margarita Goreshnik for the construction of a single-family residence located at 7286-38" Court . East, Sarasota, Florida 34243, , <6. The total contract price was one hundred eighty thousand dollars OE ($180,000.00), which included the purchase of a residential fot in the amount of forty- two thousand dollars ($42,000.00). 7. The contract did not contain Respondent's $s license number. Le Saath Tp oan ete 8. The contract failed to contain a notice explaining the’ consumer's tights 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 t to do business: as Robert E. Cross Home. Builders, 11, Goreshnik aid Ri the project ($3,000 00), 12.” On or about March 6, 1998, Construction for Goreshnik's house, 13. On or about September 28, 1998, the Manatee County Building’ Department voided the permit application when a permit had not issued within three months of the application date, 14. Respondent never commenced construction on Goreshnik’s residence, 15. To date, Respondent has failed to repay any monies to Goreshnik. 16. Respondent was not entitled to keep any monies paid by Goreshnik for the construction project. COUNT! 17. Petitioner realleges and incorporates the allegations set forth’ 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 shall appear in each offer of services, business proposal, bid, contract,.or advertisement, regardiess 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 489.129(1)(j), 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 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth herein. 21. Section 489. 1426(1), Florida Statutes, provides that any agreement or contract for Tepair, ‘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 material does not - exceed $2,500. 7 22. Based on the foregoing, Respondent violated Section 489.129(1)(j), 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, including, as here, Section 489.1425(1 ), Florida Statutes, which ‘States that any agreement or contract for repair, $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), COUNT Iv ot 25. Petitioner realleges and incorporates ‘the allegations set forth in Paragraphs one through sixteen as though fully set forth herein. 26. Based on the foregoing, Respondent violated Section 489,129(4)(n), Florida Statutes, by committing incompetency or misconduct in the Practice of contracting. . 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 Violated Section 489, 129(1)(k), Florida Statutes, by abandoning a construction Project in which the contractor is engaged or under contract as a contractor, COUNT Vi 29. Petitioner realleges and _incorporates the. allegations set forth in paragraphs one through sixteen as though fully set forth herein. . 30. Based on the foregoing, the Respondent violated Section 489, 129(1)(n2, Florida . Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm toa consumer. Financial misconduct occurs when the contractor ha ath atte _ is less than the percentage ‘of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job i is abandoned. 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 a customer's job and the percentage of completion the rules promulgated thereunder, oh Signed this L3 = day of ad |Construction Attorney COUNSEL FOR DEPARTMENT: Ellen C. Marino | _ Assistant General Counsel F and Professional Regulation i s and PI Department of Business and Department of beta TY CLERK 1940 North Monroe Street Tallahassee, FL 32399-2202 CLERK 99 -~ 2.800 ‘ . DATE _\A-Fdn~ AON Case # 99-0541 8 Professional Regulation Northwood Centre ; Hy Aichol

Docket for Case No: 03-000758PL