Aug 30 2005 15:10 68/38/2085 15:18 8589219186 DEPR PAGE 83/87 | ! STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, | ve. CaseNo. 2003-087759 TRACY ALAN WINTERS, TRACY WINTERS LOG HOMES & SEALANTS, INC.., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against TRACY ALAN WINTERS, ("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 has been at all times material hereto, a Certified Building Contractor in the State of Florida, having been issued license number CB CO1211 1, which is currently active. 3. Respondent’s address of record is P.O. Box 3245, Lake City, Florida 32056. 4. At all times material hereto, Respondent was acting as the licensed qualifier for Tracy Winters Log Homes & Sealants, Inc., which is not registered as a qualified business. 5. Section 489.119(2), Florida Statutes, provides that all applicants who propose to engage in contracting as a business organization, including any partnership, corporation, business 1 Aug 30 2005 15:11 ge/3e/2885 15:18 8589219186 DEPR PAGE @4/a7 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, ifany. 6. On or about November 5, 2002, Respondent contracted with Greg & Mary Lee (the Lee’s) to construct a new log home at 574 Varnum Road, Laurel Hill, Florida. . 7. The contract was a cost-plus fixed fee contract whereby the Lee’s would pay all costs of the project plus 15% to Respondent. 8. The contract did not contain notification of the Constrction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 9. The contract required that Respondent provide the Lee’s with a detailed statement of all costs incurred for the project every two weeks during the course of the project, 10. Between February 27, 2003, and March 13, 2003, the Lee’s paid $80,000.00 to Respondent. 11. Asa result of failed inspections and dissatisfaction with Respondent’s work, the Lee’s terminated Respondent in May, 2003.. 12, Respondent has only provided documentation of costs for the project amounting to $61,606.20 while retaining the entire $80,000.00 paid by the Lee’s. CO J 13. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 14, Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement to residential real property must contain a written statement explaining the Aug 30 2005 15:11 ge/3e/2885 15:18 8589219186 DEPR PAGE 85/87 consumer’s rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00, 15. Based on the foregoing, Respondent violated Section 489.129(1)@), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating atule or lawful order of the board. COUNT. I 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. 17. Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contracting as business organization, including amy partnerhip, corporation, business trast, or other legal entity, or in any name other than the applicant’s legal name, the business organization, moust apply for a certificate of authority through a qualifying agent and under the ficticious name, if any. 18. =‘ Based on the foregoing, 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 arule or lawful order of the board. COUNT TI 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as fully set forth herein. | 20. Based on 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 of 3 Aug 30 2005 15:11 ge/3e/2885 15:18 8589219186 DEPR PAGE 86/a7 registration, require financial restitution to a consumer, impose ah administrative fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. COUNSEL FOR DEPARTMENT; Jeffrey J. Kelly ment ot Business and Professional Regulation Assistant General Counsel Depa ° DEPUTY CLERK Department of Business and Professional Regulation 4 2, 4 emdart Tichde Office of the General Counsel CLERK 1940 N. Monroe Street, Ste, 60 - -200 Tallahassee, FL, 32399-2202 DATE 2003-087759 PC Found: August 24, 2004 Division i: M. Kane / T. Burke

Docket for Case No: 05-003154PL