SU IPE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Q CONSTRUCTION INDUSTRY LICENSING BOARD gf DIVISION I - “? a DEPARTMENT OF BUSINESS AND Kin PROFESSIONAL REGULATION, “igen be, a oA of, a . ‘S Petitioner, ome ee vs. Case No. 2002-008469 DUANE D. HILL, Jr., .Vb/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, against 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 Avemue, Port Charlotte, Florida 33981. 4. At all times material hereto, Respondent was the primary qualifying agent for Hill Construction as well as for Hill Construction & Design, Inc., which at all times material hereto was a Florida Corporation having Mark Kiser as 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 agen! " 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 I, 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. On or about February 8, 2002, with Kenneth Cichowski (hereinafter “Cichowsk?”) entered into a contract with Hill Construction for the construction of an addition to his dwelling located at 6556 Ist Avenue South, St. Petersburg, Florida 33707. 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. 9. Respondent’s license number is displayed on the contract with Cichowski. 10. The contract price was $32,000.00, 11. Cichowski paid to Hill Construction a total of $28,800.00 for the work to be done on the contract. 12. On or about February 28, 2002, from the City of St. Petersburg Building Department issued building permit number 01-02001581 for the the Cichowski project on authority of Respondent’s license and the construction work commenced thereafter. 13. On or about August 27, 2002, Hill Construction & Design, Inc., ceased work: under the Cichowski contract and did not perform any construction work thereafter. 14. Respondent failed to supervise the construction work for the Cichowski project. 15. At all times material hereto, Respondent did not have any active participation in the operations, management or control of Hill Construction & Design, Inc. 16. 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 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein, 18. 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 [ Florida Statutes. COUNT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 20. 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 issuec! hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration. COUNT It 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 22. 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, by having violated Section 489.105(4), Florida Statutes, by failing to properly supervise the Cichowski project. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 24. Based on the foregoing, 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 proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT V 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 16 as though fully set forth herein. 26. 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, 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 io imposé pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this BAM EY of 2003. By: atrick F. Creehan Chief Construction Attorney COUNSEL FOR DEPARTMENT ) i t ‘ ylation Patrick L. Butler F \ L ratassiona Red Department of Business and , Professional Regulation ee 2, Office of the General Counsel a MOLE 900 1940 N. Monroe Street, Ste. 60 oF Babe Tallahassee, FL 32399-2202 DATE (850) 488-0062 ~ “Assistant General Counsel ausiniess 206 a ERK , Fla. Bar No.: 0762776 peparinent O DEPUTY 6 b~ (FE \ Mflichele a Case # 2002-008469 ; PCP Foun: Peni 22,2003 Korcneer. | Husbound

Docket for Case No: 04-001458PL