L400 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Nos. 2001-08706 CHARLES MICHAEL SIMMONS, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHARLES MICHAEL SIMMONS (“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 Building Contractor, in the State of Florida, having been issued license number CB C05861 5. His license status is active. 3 Respondent’s current address of record is P.O. Box 15323, Fernandina Beach, FL 32035. Respondent's last known addréss is 7431 Impala Lane, Jacksonville, FL 32244. 4." On or around May 3, 2001, Respondent contracted with Dawn Tillery Baker to build an addition onto her home located at 2799 Elizabeth § Street, Femandina Beach, Florida. 5. The contract price was $83,000. 6. The contract did not contain notification of the Construction Industries Recovery Fund and did not disclose Respondent’s license number. 7. The addition to the home was so that Ms. Baker would have the correct facilities to deal with her brother who had a stroke and needed someone to care for him. 8. At the time of the contract, Ms. Baker paid Respondent a first draw of $9,500.00, which is eleven percent (11%) of the total contract price ($9,500/ $83,000 = .11). 9. Upon payment of the $9,500.00, Respondent removed three sections of fence from Ms. Baker’s yard. 10. Despite numerous attempts by Ms. Baker to contact Respondent, Respondent has not returned to Ms. Baker’s home to perform any of the contracted work since May 3, 2001. 11. More than 90 days has lapsed with no work having been performed by Respondent ‘on the project. 12. Since Respondent failed to perform any of contracted work with the exception of the removal of three sections of the fence, Respondent has performed less than eleven. percent (11%) and has performed close to 0%, . 13. The percentage of completion, close to 0%, is less than the percentage of contract price that Ms. Baker paid, 11%. . COUNT 1 - 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-13, as though fully set forth in this Count. 15. 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. 16. Based upon the foregoing, the Respondent violated Section 489. 129(1)6), 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. COUNT 2 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-13, as though fully set forth in this Count. 18. Section 489.119(6)(b), Florida Statutes, provides that the 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. 19. Based upon 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 tule or lawful order of the board. . COUNT 3 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-13, as though fully set forth in this Count. 21. Based a the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days COUNT 4 . 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-13 as though fully set forth in this Count. 23. Based upon the foregoing, Respondent violated Section 489. 129(1)(g)(2), 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 the contractor has abandoned a 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, unless ‘the contractor is entitled to retain such fimds under the terms of the contract or refiznds the excess fimds within 30 days after the date of the job 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 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 atid prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board ix authorized to impose pursuant to -Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. at Signed this Pt day of f * 2002. / Ley PCP: June 25, 2002 Cee Kane/Husband RobeyA. Crabill Chief Construction Counsel COUNSEL FOR DEPARTMENT: . av Pa Oe cau FN FILED Assistant General Counsel on ; , Department of Business and Department of Business atd Professional Regulation Professional Regulation DEPUTY CLERK 1940 North Monroe Street, Suite 60 Tallahassee, FL. 32399-2202 WMO/jkn DATE _B- 13-2002

Docket for Case No: 04-000102PL