STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I 2. x DEPARTMENT OF BUSINESS AND >. %, : PROFESSIONAL REGULATION, OG, “oy Petitioner, c vs. DUANE D. HILL, Jr., . Wb/a Hill Construction, d/b/a Hill Construction & Design, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, agaist DUANE D. HILL, Jr., d/b/a Hill Construction, d/b/a Hill Construction & Design, Inc., ("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 C060052, and is licensed in the capacity of an individual only. 3. Respondent's last known address of record is 12569 Proctor Avenue, Port Charlotte, Florida 33981. 4. At all times material hereto, Respondent was the ptimary qualifying agent for Hill Construction as well as Hili Construction and Design, Inc., which at all times material hereto was a Florida Corporation having Mark Kiser as the sole officer and director. 5. Mark Kiser is not certified or registered pursuant to Chapter 489, Part I, Florida Statutes, to engage in the practice of construction contracting. 6. Section 489.105(4), Florida Statutes, states that a "primary qualifying agent" means a person who possesses the requisite skill) knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he or she is connected; who has the responsibility to supervise, direct, ~ manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in Part L Chapter 489, Florida Statutes, as attested to by the Department. . 7. 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. 8. Respondent failed to obtain a certificate of authority for Hill Construction and Design, Inc. 9. On or about May 26, 2001, with Timothy Davis and Larry Ausman (hereinafter “Davis/Ausman”) entered into a contract with Hill Construction for construction work to be performed at the residence located at 528 29" Avenue, St. Petersburg, Florida. The heading of the contract form displays the name “Duane D. Jr. Hill Construction & Design”. However, the contract states that Davis/Ausman are employing “Hill Construction” and Respondent, as a licensed contractor, to perform the construction work set forth in the contract. 10. The contract displays Respondent’s license number. 11. Mark Kiser signed the contract as an agent for Respondent. 12 The contract price: was $34,600.00. 13. Davis/Ausman paid to Hill Construction a total of $30,000.00 for the work to be done on the contract. 14. On or about June 13, 2001, Hill Construction commenced work on the Davis/Ausman project. 15. On or about June 14, 2001, Respondent obtained building permit number O1- 06000735 from the City of St. Petersburg Building Department for the Davis/Ausman project. 16. Respondent failed to properly supervise the construction work at the Davis/Ausman jobsite. 17. On or before May 31, 2002, without just cause or proper notification, Hill Construction stopped work on the Davis/Ausman project and did not thereafter perform any more construction work on the project. 18. As of September 11, 2002, Davis has paid approximately $15,000.00 over the contract price towards the completion of the contracted work, with estimates of an additional $5,000.00 to complete the work under the contract with Hill Construction 19. The cost to Davis/Ausman over the contract price is not the result of circumstances beyond the control of the contractor, was not the result of circumstances caused by the customer, nor otherwise permitted by the terms of the contract. 20. At all times material hereto, Respondent did not have any active participation in the operations, management or control of Hill Construction and Design, Inc. 21. Respondent allowed Mark Kiser to use Respondent’s license in order to procure construction contracts and obtain building permits, and Respondent accepted a two percent commission for such use. COUNTI 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 21 as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate to be used by the uncertified or unregistered person with intent to evade the provisions of Chapter 489, Part L, Florida Statutes, COUNT 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 21 as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 489.129(1)(f), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration. COUNT Mm 26. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 21 as though fully set forth herein, 27. Based on the foregoing, Respondent violated Section 489.129(1)(g)3., Florida Statutes, by committing mismanagement or misconduct in the ptactice of contracting that causes financial harm to a customer when the contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT IV 28. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 21 as though fully set forth herein. 29. Based on 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 rule or lawful order of the board, more specifically by failing to properly supervise all construction activities of the Dempsey project as required by Section 489.105(4), Florida Statutes. COUNT V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 21 as though fully set forth herein. 31. Section 489.119(2)(b) states that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 32. Based on 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 TT A RN Sn MAD a tule or lawful order of the board, by having violated Section 489.1 19(2)(b), Florida Statutes, by failing to obtain a certificate of euthority for Hill Construction and Design, Inc. COUNT Vi 33. Petitioner realleges and incorporates the allegations set forth in paragraphs 1] through 21 as though fully set forth herein. 34. Based on the foregoing, Respondent 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. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT Vi 35. Petitioner realleges and incorporates the allegations set forth in paragraphs ] through 21 as though fully set forth herein, 36. Based on all of the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, 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, tevoke, 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. Signed this DA’ Ry of _ fon | 2003. By: Patrick F. Creehan Chief Construction Attorney COUNSEL FOR DEPARTMENT: Patrick L. Butler Assistant General Counsel 4 Fla. Bar No.: 0762776 u” Ww Department of Business and b i ~ Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 f E D (850) 488-0062 a Pot essioteal Requiation Case # 2002-08458 A Foe found: April 62,2003 | Puandm 2002 Kouenar / rusbond sme ABA

Docket for Case No: 04-001456PL