( l / JS W/ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2002-008507 DUANE D. HILL, Jr., d/b/a Hill Construction, 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, ("Respondent"), and says: 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 primary qualifying agent for Hill Construction. 5. 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 contro! the contracting activities of the business organization with which he or she is connected; who has the responsibility to supervise, direct, manage, and control constructiori activities on a job for which he or she has obtained the building permit; and whose technica! 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. 6. 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. 7. On or about November 14, 2001, Hill Construction entered into a contract with Josephine Freeman (hereinafter “Feeeman”) for construction of a second story addition to be performed at the Freeman residence located at 2501 54” Street South, Gulfport, Florida 33707. 8. The contract price was $59,850.00. 9. The contract with Freeman displays Respondent’s license number. 10. Freeman paid to Hill Construction the total amount of $35,910.00 for the work to be done on the contract, which amount is 60% of the contract price. 11. On or about December 13, 2001, Respondent obtained building permit number 25471 from the City of Gulfport Building Department for the construction work for the Freeman project, and Hill Construction commenced work thereafter. 12. Inor about April of 2002, Hill Construction ceased work on the Freeman project and did not thereafter perform any more construction work under the contract. 13. At the time the construction work ceased, the City of Gulfport Building Department estimates that the F-eeman project was only 10% complete. 14. The terms of the contract with Freeman do not permit the contractor to retain any funds where the percentage of completion is less than the percentage of amounts paid under the _contract. 15. Respondent did not refund any amount that Freeman paid to Hill Construction. 16. At all times material hereto, Respondent had no active participation in the Operations, management or control of Hill Construction. 17. Until the early part of the year 2002, Respondent did not participate in and failed to supervise any of the construction work at the Freeman jobsite. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1] through 17 as though filly set forth herein, 19. 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 H 20. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 21. Based on 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 where 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 funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT I 22. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 23. Based on the foregoing, the Respondent violated Section 489.129(1)q), 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, more specifically by failing to properly supervise all construction activities of the McIntosh project as required by Section 489.105(4), Florida Statutes. COUNT IV 24. — Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 25. 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 V 26. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 17 as though fully set forth herein. 27. 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 to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this_P'4*” Yay of Apri , 2003. By: atrick F. Creehan Chief Construction Attorney se ft t + bint Patrick L. Butler Le 1 Requiaho™ Assistant General Counsel ¥ \ a ude Fla, Bar No.: 0762776 saat ctl vi) Nidal bw if 7) COUNSEL FOR DEPARTMENT: D Department of Business and Professional Regulation 1940 N. Monroe Street, Ste. 60 Prueba Tallahassee, FL 32399-2202 cLERK (850) 488-0062 ost cai ae Case # 2002-008507 rege) Found: Per 22 C03 Korcnew | Husbanct

Docket for Case No: 04-001459PL