Nov 3 2005 9:17 11/63/2865 18:15 85892191506 DBPR PAGE 43/88 . STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD . DIVISION DEPARTMENT OF BUSINESS AND . my PROFESSIONAL REGULATION, ; O5-4OUY Petitioner, v . . Case Nos,’ _2003-053851 ; 2003091524 DAVID W. VICKERS, Respondent, , / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ) ("Petitioner"), files this Adininistrative Complaint before the Construction Industry Licensing Board, against DAVID W. VICKERS, ("Respondent"), and says, lL. 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. "9. 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 0057366, 3 Respondent's last known address of record is 31980 Derby Forest Road, #503, J acksonville, Florida 32258; ; 4, At all times material hereto, Respondent was the primary qualifying agent for Vickers General Contractor, Inc. ("CGC"), which has a certificate of authority, QB# 0011461. ‘6. ) Section 489. 1195(1)(a), Florida Statites, provides that all primary qualifying agents for a business organization are jointly and equally responsible for expervision of all Nov 3 2005 9:17 11/63/2085 18:15 8589219186 DEPR PAGE 84/28 operations of the business organization; for all field work at all sites; and for Gnancial’ matters, both for the organization in peneral and for each specific job. FACTS PERTAINING TO CASE. NO. 2003-053851 6. On or about Augnst 16, 2002, Respondent entered into a contract with J omy & . Sydria Catter ("the Carters"), to construct 4n addition to the Carters’ résidence located. at 8778 Hammondwood Road, South, Jacksonville, Florida. 7 , 7. The total contract price was $72, 500.00, of which amount the Carters paid to ‘Respondent a ‘total of $63,750.00. . 8. The contrast did not contain, information regarding the Construction Industries . Recovery Fund. ; ; 9, On or about September 18, 2002, Respondent obtained permit number 0251051, 000 from the City of Sacksonville Building Department for the work to'be performed pursuant to the contract with the Carters. 10. Onor about Angust 28, 2002, Respondent commenced work on the proj oct. lL. On or about June 27, 2003, Respondent ceased all. further construction work on the project, with approximately 90% or more of the total Project completed, 12, On or ‘about October 23, 2002, ‘Jerry Danghiry ("Daugtitry"), a subcontractor, filéd a valid Claim of Lien in ‘the amount of $1 1370.00 against the Carters’ Property for supplies . and services ordered by Respondent for the Carter project, " 13. ‘To date, Respondent has not satiafled the lien against the Carters' property. , _COUNTI ) 14, Petitioner fealleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though filly set forth herein. Nov 3 2005 9:18 11/03/2685 14:15 9589215186 DBPR PAGE 5/88 . 15. Section 4%9.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a’ written. statement explaining the consumer's vishts under the Construction Industries Recovery ‘Fund, except: where the value of all labor aad materials does not exceed $2,500.00. 16. Based on the foregoing, Respondent violated section 489. 129()@), Florida 7 Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a mle or lawfil order of the board, by having violated section ° 489.1425(1), Florida Statutes. So , ) COUNTO . ‘17, Petitioner realleges and incorporates the ‘allegations set forth in paragraphs 1 through 13 above as though filly set forth herein. 18. Based on. the foregoing, Respondent violated section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harmh to a customier, Financial misthanagement or misconduct occurs when valid liens _ have been recorded against the property of a contractor's customer for supplies or services ’ ordered ‘by the contrastor for’ the customer's job; the contractor has received funds from the ~ customer to pay for the supplies or services; arid the contractor has hot had the tiens removed from the property, by payment or by bond, within 75 days after the date of such liens... , COUNT Ot 19, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 above as though 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, Nov 3 2003 9:18 11/83/2885 10:15 8589219186 ' DEPR _ PAGE 96/88 FACTS PERTAINING TO CASE NO, 2003-091524 21. On or-about July 10, 2002, Respondent entered into a contract with Terri Cleveland (Cleveland) to construct an aluminum screen. room, a pump house and a studio in the garage at Cleveland's home located at 12473 Attrll Road, Jacksonville, Florida. 22, The-total contract price was $35,000.00, of which amount Cleveland, paid to | Respondent a total of $33,499,00. | 23. On or about July 23, 2002, Respondent obtained perat number 39807. 000 from the City of Jackscinville Building Department for the worl ta’ be performed pursuant to the © contract with Cleveland. 24, On or, ‘about July 23, 2002, Respondent commenced work on the Cleveland project, . ) - 25. After the project was coupleted, Cleveland noticed a leak in the roof. 26. . As a result, Respondent refunded the $1,501.00 cost of the rdof to Cleveland to cover the necessary repairs, , 27. To date, Respondent has -not obtained a final inspection or a Certificate of Occupancy for the work performed on Cleveland's residence. ° . oo - COUNTIV 28. Petitioner tealleges and incorporates the allegations set forth i in Paragraphs 1 through 5 and 21 trough 27 above as though fully set forth herein, ° 29,. Based ‘on the foregoing, Respondent Violated section 489.129(1)(0), Florida Statutes, by proceeding on any job without first obtaining eplabe local building permits and inspections. Nov 3 2005 9:18 11/03/2085 18:15 8589219186 DBPR PAGE 07/88 COUNT Vv 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 " through 5 and 21 through 27 above as though fully set forth herein. 31, - Based on the foregoing, Respondent vioiated 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, repritiand the licensee, revoke, sispend, deny the ismance .or renewal of the certificate or registration, require financial restitution to a coneumer, impose an administrative fine not to exceedl $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 aa day of lune , 2005, Teed. Bar Assistant General Counsel LAB/er F \ it E D ne COUNSEL FOR DEPARTMENT: pepadtivent ct BUT a cue Lisa A. Balfour . Assistant General’ Counsel : Depatiment of Business and 0 , , ’ Professional Regulation - CLERK ~2)05 Office of the General Counsel (o bal 1940 N. Monroe Street, Ste. 42 . Tallahassee, FL 32399-2202 Case #s: 2003-053851; 2003-091524 PC une Slay | os Ws Crna / Laon 4

Docket for Case No: 05-004044PL