Jan 19 2006 9:20 @1/19/2886 18:16 8589219186 DEPR PAGE 83/35 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2004-058273 2005-045618 2005-044089 vs. 2005-044087 2005-044085 2005-044083 2005-044079 2005-044072 2005-044090 DOUGLAS L. CARTER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against DOUGLAS L. CARTER, ("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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Respondent is not, and has not at any time material hereto been, a licensed general contractor in the State of Florida. Jan 19 2006 9:21 @1/19/2886 18:16 8589219186 DEPR PAGE @4/35 4. Respondent’s Jast known address is 103 Evelyn Drive, Melbourne, Florida. 5. Respondent was doing business as Gulf & Southern Construction Inc. At no time material hereto was Respondent an agent, director, officer ot employee of Gulf & Southern Construction Inc. FACTS RELATED TO CASE NO. 2004-058273 6. On or about November 6, 2004, Robert Barrett (“Barrett”) contracted with Respondent to build a Florida Room, repair the carport, install siding and windows, and re-roof Barrett’s residence located at 1001 Wren Circle, Barefoot Bay, Florida 32976. 7, The contracted price for the Barrett project was $28,015.80. 8. Barrett paid Respondent a deposit in the amount of $8,500.00. 9. Prior to signing the contract, Respondent assured Barrett he was a licensed and insured contractor, 10. On or about November 11, 2004, Respondent commenced work on the Barrett project. 11. Respondent installed a total of three windows before ceasing work on the Barrett project. 12. On or about November 14, 2004, Josephine Miller (“Miller”) contracted with Respondent for a new door, painting, stucco, and roof repairs to Miller’s residence located at 829 Wren Circle, Barefoot Bay, Florida 32976, 13. The contracted price for the Miller project was $3,834.55. 14. Miller paid Respondent a deposit in the amount of $1,800.00. Jan 19 2006 9:21 @1/19/2886 18:16 8589219186 DEPR PAGE 5/35 15. Prior to signing the contract, Respondent held out to Miller that he was a licensed and insured contractor. 16. Respondent never commenced work on the Miller project, and has yet to tetumn the deposit to Miller. 17. On or about November 13, 2004, Ruth Airing (“Airing”) contracted with Respondent for a re-roof, to build a Florida Room, carport repairs, siding, windows, ceiling, gutters, a shed at Airing’s residence located at 944 Wren Circle, Barefoot Bay, Florida 32976, 18, The contracted price for the Airing project was $31,327.24. 19. - Airing paid Respondent a deposit in the amount of $15,000.00. 20. ‘Prior to signing the contract, Respondent held out to Airing that he was a licensed and insured contractor. 21. Respondent commenced the re-roof, but has not completed that job, nor commenced on any of the other work at Airing’s residence. COUNT I 22. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 6 through 11 as though fully set forth herein. . 23. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. Jan 19 2006 9:21 @1/19/2886 18:16 8589219186 DEPR PAGE 86/35 COUNT IT 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 12 through 16 as though fully set forth herein. 25, Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT If 26. —_‘ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 17 through 21 as though fully set forth herein. 27, Based on the foregoing Respondent violated Section 489,127(1)(f, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. FACTS RELATED TO CASE NO. 2005-045618 28. On or about November 2, 2004, Robert Fullerton (“Fullerton”) contracted with Respondent to perform a re-roof and repairs to his Florida Room, ceilings and gutters located at 909 Hemlock Street, Barefoot Bay, Florida 32976, 29. The contracted price for the Fullerton project was $17,330.00. 30. On or about November 2, 2004, Fullerton paid Respondent a deposit in the amount of $5,000.00. Jan 19 2006 9:21 @1/19/2886 18:16 8589219186 DEPR PAGE 7/35 31. Prior to signing the contract, Respondent held out to Fullerton that he was a licensed and insured contractor. 32. Respondent never commenced work on the Fullerton project, and has yet to return the deposit to Fullerton. 33. On or about November 12, 2004, William Haggas (“Haggas”) contracted with Respondent to repair a Florida Room, siding, porch, ceiling and shed, and perform a re-roof of Haggas’ residence located at 902 Spruce Street, Barefoot Bay, Florida 32976. 34, The contracted price for the Haggas project was $25,000.00. 35. On or about November 12, 2004, Haggas paid Respondent a deposit in the amount of $8,000.00. 36. Respondent never commenced work on the Haggas project, and has not retumed the deposit to Hageas. 37. On or about November 7, 2004, Comelius Shea (“Shea”) contracted with Respondent to perform repairs to the gutters and siding, and install windows and awnings at Shea’s residence located at 925 Spruce Street, Barefoot Bay, Florida 32976. 38. The-contracted price for the Shea project was $18,226.70. 39. ' Shea paid Respondent a deposit in the amount of $9847.00. 40. Prior to signing the contract, Respondent held out to Shea that he was a licensed and insured contractor, 41. On or about November 18, 2004, work was commenced on the Shea project. The work performed was on the window frame, and that date was the only time work was performed on the project. Jan 19 2006 9:22 @1/19/2886 18:16 8589219186 DEPR PAGE 88/35 42. On or about November 12, 2004, Jim Pizzaro (“Pizzaro”) contracted with Respondent to perform roof repairs, as well as interior repairs, to Pizzaro’s residence located at 907 Laurel Circle, Barefoot Bay, Florida 32976. 43. The contracted price for the Pizzaro project was $18,528.80. 44. —_ Pizzaro paid Respondent a deposit, in the amount of $10,528.80. 45, Work never commenced on the project, nor has Respondent returned any money to Pizzaro. COUNT IV 46. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 28 through 32 as though fully set forth herein. 47. Based on the foregoing Respondent violated Section 489.127(1)(0), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. , COUNT V 48, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 33 through 36 as though fully set forth herein, 49, Based on the foregoing Respondent violated Section 489.127(1\(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. Jan 19 2006 9:22 @1/19/2886 18:16 8589219186 DEPR PAGE 89/35 COUNT VI 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 37 through 41 as though fully set forth herein. Sl. Based on the foregoing Respondent violated Section 489,127(1)(f. Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. | COUNT VII 52,. _ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 3 and 42 through 45 as though fully set forth herein. 53. Based on the foregoing Respondent violated Section 489,127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. FACTS RELATED TO CASE NO. 2005-044089 54, On or about November 1, 2004, Betty and Fred Jerome (“Jerome”) contracted with Respondent to perform a re-roof, repair ridge vent, paint and stucco to Jcrome’s residence located at 1367 Barefoot Bay Circle, Barefoot Bay, Florida 32976. 55. The contracted price for the Jerome project was $6,142.70. 56. Jerome paid Respondent a deposit in the amount of $3,000.00. Jan 19 2006 9:22 @1/19/2886 18:16 8589219186 DEPR PAGE 18/35 37. Prior to signing the contract, Respondent held out to Jerome that he was a licensed and insured contractor, 58. Respondent never commenced work on the Jerome project, nor was a ‘deposit retumed to Jerome. 59. On or about February 9, 2005, Frank Forbes (“Forbes”) contracted with Respondent to perform repairs on his Florida Room and metal roof at his residence located at 949 Thrush Circle, Barefoot Bay, Florida 32976. 60. The contracted price for the Forbes project was $7,620.00. 61. Forbes paid Respondent a deposit in the amount of $4,710.00. 62. No work was performed on the project, nor was any money réturned to Forbes. 63. On or about December 11, 2004, Jerome Marconi (“Marconi”) contracted with Respondent to replace the roof and soffit, as well as repair the porch at Marconi’s residence located at 1057 Barefoot Circle, Mieco, Florida 32976. 64, The contracted price for the Marconi project was $3,900.00. 65. Marconi paid Respondent a deposit in the amount of $1,950.00. 66. | No work was performed on the project, nor was any money returned to Marconi. 67. On or about November 3, 2004, Victor Cantone (“Cantone”) contracted with Respondent to perform a re-roof, and repairs to the Florida Room, carport, gutter _ and shed at Cantone’s residence located at 939 Thrush Circle, Barefoot Bay, Florida 32976. 68. The contracted price for the Cantone project was $9,270.00. Jan 19 2006 9:22 61/19/2686 16:16 8589219186 DEPR PAGE 69. Cantone paid Respondent a deposit in the amount of $414.00, 70. ‘Prior to the signing of the contract, Respondent held out to Cantone that he was a licensed and insured contractor. 71. No work has been performed on the Cantone project, nor has any moncy been returned to Cantone. 72. On or about November 10, 2004, Raymond Kulpa (“Kulpa”) contracted with Respondent to perform a re-roof, repairs to a carport, Florida Room, windows, doors, and gutters at Kulpa’s residence located at 1161 Barefoot Circle, Barefoot Bay, Florida 32976. 73. The contracted price for the Kulpa project was $21,465.00, 74. Kulpa paid Respondent a deposit in the amount of $10,000.00. 75. No work was performed on the project, nor was any money returned to Kulpa, COUNT VUI 76. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 54 through 458 as though fully set forth herein. 77. Based on the foregoing Respondent violated Section 489,127(1)(D, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. 11/35 Jan 19 2006 9:23 @1/19/2886 18:16 8589219186 DEPR PAGE 12/35 COUNT IX 78. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 59 through 62 as though fully set forth herein. 79, Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT X 80. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 63 through 66 as though fully set forth herein. 81. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XI 82. Petitioner realleges and incorporates the allegations set forth in patagraphs | through 5 and 67 through 71 as though fully set forth herein. 83. Based on the foregoing Respondent violated Section 489.127((, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the Jan 19 2006 9:23 @1/19/2886 18:16 8589219186 DEPR PAGE business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XIT 84, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 72 through 75 as though fully set forth herein. 85. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. FACTS RELATED TO CASE NO. 2005-044087 86. On or about November 6, 2004, June Handler (“Handler”) contracted with Respondent to perform a re-roof, and repairs to the carport, screen porch, siding, drywall, and cabinets at Handler’s residence located at 929 Frangi Pani Drive, Barefoot Bay, Florida 32976. 87. The contracted price for the Handler project was $61,098.40. 88. . Handler paid Respondent a deposit in the amount of $16,098.00. 89. Prior to signing the contract, Respondent held out to Handler that he was a licensed and insured contractor. 90. On or about November 7, 2004, work was commenced on the Handler project by gutting the inside and removing the shingles. 91. On or about November 16, 2004, work ceased on the Handler project. 92. Respondent has not returned any money to Handler. 13/35 Jan 19 2006 9:23 @1/19/2886 18:16 8589219186 DEPR PAGE 14/35 93. On or about October 31, 2004, Troy Williams (“Williams”) contracted with Respondent to perform a rée-roof at Williams’ residence located at 823 Viero Drive, Barefoot Bay, Florida 32976, 94, The contracted price for the Williams project was $3,657.00. 95. Williams paid Respondent a deposit m the amount $1,828.50. 96. On or about November 17, 2004, Respondent commenced work by removing the shingles off the house. 97. Respondent did not return to finish the Williams project, nor was any money returned to Williams. 98, On or about Novernber 5, 2004, Thomas Pfister (“Pfister”) contracted with Respondent to perform repairs to the metal roof over the Florida Room, carport and utility room at Pfister’s residence located at 420 Kumquat Drive, Barefoot Bay, Florida 32976, 99. The contracted price for the Pfister project was $2,200.00. 100. On or about November 5, 2004, Pfister paid Respondent a deposit in the amount of $1,000.00. 101. Prior to signing the contract Respondent assured Pfister he was a licensed and insured contractor. 102, Respondent never commenced work on the Pfister project, nor was any money retumed to Pfister. | 103, On or about November 5, 2004, William Carter (“W. Carter”) contracted with Respondent to perform repairs on the roof, siding, and flooring at W. Carter’s residence located at 756 Lark Drive, Barefoot Bay, Florida 32976. Jan 19 2006 9:23 @1/19/2886 18:16 8589219186 DEPR PAGE 15/35 104. The contracted price for W. Carter’s project was $24,000.00. 105. W. Carter paid Respondent a deposit in the amount of $12,000.00. 106. No work was completed on the project, nor was any money returned to W. Carter, COUNT XU 107. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 86 through 92 as though fully set forth herein. 108. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority.. COUNT XIV 109. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through ’5 and 93 through 97 as though fully set forth herein. 110. Based on the foregoing Respondent violated Section 489,127(1)(f, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in' the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XV 111. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 98 through 102 as though fully set forth herein. Jan 19 2006 9:23 @1/19/2886 18:16 8589219186 DEPR PAGE 16/35 112, Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XVI 113. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 103 through 106 as though fully set forth herein. 114. Based on the foregoing Respondent violated Section 489.127(1\(6, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. | FACTS RELATED TO CASE NO. 2005-044085 115. On or about November 1, 2004, Francis and Joyce Finnerty (“Finnerty”) contracted with Respondent to perform a re-roof and carport repairs at their residence located at 1296 Gardenia Drive, Barefoot Bay, Florida 32976: 116, The contracted price for the Finnerty project was $7,511.16. 117. Finnerty paid Respondent a deposit in the amount of $1,500.00. 118, Prior to signing the contract, Respondent assured Finnerty that he was an insured and licensed contractor. 119. On or about November 11, 2004, Respondent commenced work on the project by applying tar paper to the roof. Jan 19 2006 9:24 @1/19/2886 18:16 8589219186 DEPR PAGE 17/35 120, Respondent failed to complete any other work on the project, nor did he returm any money to Finnerty. 121. On or about November 4, 2004, David Decker (“Decker”) contracted with Respondent to perform repairs to the siding, Florida Room, carport, windows, drywall and insulation of their metal roof at Decker’s residence located at 625 Hyacinth Circle, Barefoot Bay, Florida 32976. 122. The contracted price for the Decker project was $15,000.00. 123. On or about November 3, 2004, Decker paid Respondent a deposit of $500.00. . 124. On or about November 4, 2004, Decker paid respondent an additional deposit of $8,400.00, 125. Respondent initiated work on the Decker project several times; however, the project bas never been completed, nor has any money been returned to Decker. 126. On or about November 6, 2004, William Hogan (“Hogan”) contracted with Respondent to perform repairs of siding, drywall, and ceilings at Hogan’s residence located at 1449 Gardenia Drive, Barefoot Bay, Florida 32976. 127, The contracted price for the Hogan project was $18,168.40 128. On or about November 8, 2004, Hogan paid Respondent a deposit in the amount of $1,000.00. 129, On or about November 8, 2004, Respondent commenced work on the project. 130. On or about November 17, 2004, Respondent ceased work on the project which was approximately 1/4" finished. Jan 19 2006 9:24 61/19/2686 16:16 8589219186 DEPR PAGE 18/35 131. On or about November 6, 2004, Eugenia Leist (“Leist”) contracted with Respondent to perform repairs of the shed, screens, and windows at Leist’s residence located at 628 Hyacinth Circle, Barefoot Bay, Florida 32976. 132. The contracted price for the Leist project was $1,170.00. 133. Leist paid Respondent a deposit in the amount of $600.00. 134. Respondent commenced work on the project by installing two windows, but has not performed any of the other contracted work. 135. On or about November 15, 2004, James Dwyer (“Dwyer”) contracted with Respondent to perform repairs to the utility shed, ceilings, and soffit at his residence located at 1422 Gardenia Drive, Barefoot Bay, Florida 32976. 136. The contracted price for the Dwyer project was $3,556.90. 137. Dwyer paid Respondent a deposit in the amount of $2,000.00. 138. Respondent has not completed any work on the project, nor has any money been retumed to Dwyer. 139, On or about November 15, 2004, Glenn Holden (“Holden”) contracted with Respondent to repair the shed, vinyl siding, and facia at Holden's residence located at 1442 Gardenia Drive, Barefoot Bay, Florida 32976. 140, The contracted price for the Holden project was $1,367.40. 141. Holden paid Respondent a deposit in the amount of $610.00. 142, Respondent has not completed any work on the project, nor has any ‘money been returned to Holden. Jan 19 2006 9:24 @1/19/2886 18:16 8589219186 DEPR PAGE 19/35 COUNT XVII | 143. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 115 through 120 as though fully set forth herein. 144. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority, COUNT Xviit 145. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 121 through 125 as though fully set forth herein. 146. Based on the foregoing Respondent violated Section 489.127(1\(f, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XIX 147. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 126 through 130 as though fully set forth herein, 148. Based on the foregoing Respondent violated Section 489.1271), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the 17 Jan 19 2006 9:24 @1/19/2886 18:16 8589219186 DEPR PAGE 28/35 business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT. XX 149. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 131 through 134 as though fully set forth herein. 150. Based on the foregoing Respondent violated Section 489.127(1)(H, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXI 151. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 135 through 138 as though fully set forth herein. 152. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXII 153. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 139 through 142 as though fully set forth herein. 154, Based on the foregoing Respondent violated Section 489.127(1)(f, Florida Statutes, by engaging in the business or act in the capacity of a contractor or Jan 19 2006 9:25 @1/19/2886 18:16 8589219186 DEPR PAGE 21/35 advertise himself or herself or a business organization as available to engage in’ the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. FACTS RELATED TO CASE NO. 2005-044083 155. On or about October 30, 2004, William Gilles (“Gilles”) contracted with Respondent to have work performed on the roof, siding, carport, and vinyl floor at his residence located at 933 Oleander Circle, Barefoot Bay, Florida 32976. 156, The contracted price for the Gilles project was $9,063.00. 157. On or about November 4, 2004, Gilles paid Respondent a deposit in the amount of $4,531.00. 158. Respondent did not complete any work on the Gilles project, nor was any money returned. 159. On or about November 4, 2004, Winifred Dugan (“Dugan”) contracted with Respondent to have a re-roof performed at her residence located at 931 Oleander Circle, Barefoot Bay, Florida 32976. 160. The contracted price for the Dugan project was $3,169.00. 161. Dugan paid Respondent a deposit in the amount of $1,584.70, 162. Respondent commenced work on the project; however, it was never finished, and as a result has created more damage to Dugan’s residence. 163. On or about November 2, 2004, Vincent Fusco (“Fusco”) contracted with Respondent to perform repairs to the Florida Room and shed at his residence located at 355 Egret Circle, Barefoot Bay, Florida 32976 (“Contract #1”). Jan 19 2006 9:25 @1/19/2886 18:16 8589219186 DEPR PAGE 22/35 164. On or about November 2, 2004, Fusco contracted with Respondent to perform repairs to the ceilings and interior of a rental residence located at 353 Egret Circle, Barefoot Bay, Florida 32976 (“Contract #2”). 165. The contracted price for Contract #1 was $5,650,00, 166. The contracted price for Contract #2 was $6,860.00. 167. Fusco paid Respondent a deposit for both contracts for the total amount of $6,500.00. 168. Respondent did not commence work on cither contract, nor has any money been returned to Fusco. COUNT XXU1 169. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 155 through 158 as though fully set forth herein. 170. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXIV 171, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 159 through 162 as though fully set forth herein. 172. Based on the foregoing Respondent violated Section 489,127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the 29 Jan 19 2006 9:25 @1/19/2886 18:16 8589219186 DEPR PAGE 23/35 business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXV 173. Petitioner realleges and incorporates the allegations set forth in paragraphs . 1 through 5 and 163 through 168 as though fully set forth herein. 174. Based on the foregoing Respondent violated Section 489.127(1\(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority, FACTS RELATED TO CASE NO. 2005-044079 175. On or about October 31, 2004, Eugene Robert Trainor (“Trainor”) contracted with Respondent for a re-roof and to perform work on the carport, screen room, Florida Room, windows and siding at his residence located at 1052 Sebastian Road, Barefoot Bay, Florida 32976. 176. The contracted price for the Trainor project was $20,892.60. 177. Trainor paid Respondent a deposit in the amount of $9,892.60. 178. On or about November 12, 2005, Paul Reinhard (“Reinhard”) contracted with Respondent to perform work on the carport, screen porch, windows, gutters, and a te-roof of bis residence located at 926 Waterway Drive, Barefoot Bay, Florida 32976. 179. The contracted price for the Reinhard project was $30,117.78. 180. Reinhard paid Respondent a deposit in the amount of $15,117.78. 2) Jan 19 2006 9:25 @1/19/2886 18:16 8589219186 DEPR PAGE 24/35 181. Prior to signing the contract, Respondent assured Reinhard he was a licensed and insured contractor. 182. Respondent commenced work on the Reinhard project but never completed it. 183, On or about November 12, 2004, Jackie O’Brien (“O’Brien”) contracted with Respondent have a new roof put on and ceiling repairs made at her residence located at 920 Bougainvillea Drive, Barcfoot Bay, Florida 32976. 184. The contracted price for the O’Brien project was $6,890.00. 185. O’Brien paid Respondent a deposit in the amount of $4,890.00. 186. Respondent commenced work on the project but never finished it, nor did he return any money to O’Brien. 187. On or about November 9, 2004, Henry Loxson (“Loxson”) contracted with Respondent to perform work on the Florida Room, windows, facia, gutters and a new roof at his residence located at 1027 Sebastian Road, Barefoot Bay, Florida 32976. 188. The contracted price for the Loxson project was $4,100.00. 189. Loxson paid Respondent a deposit in the amount of $2,700.00. 190. On or about November 12, 2004, Carolyn Harris (“Harris”) contracted with Respondent for work to be performed on the screen room, shed and siding, as well as a re-roof of her residence located at 848 Waterway Drive, Barefoot Bay, Florida 32976, 191. The contracted price for the Harris project was $4,140.00. 192. Harris paid Respondent a deposit in the amount of $1,000.00, 22 Jan 19 2006 9:26 @1/19/2886 18:16 8589219186 DEPR PAGE 25/35 193. Prior to signing the contract, Respondent assured Harris that he was a licensed and insured contractor. 194. On or about October 30, 2004, Gerald Collins (“Collins”) contracted with Respondent to work on his front porch, bay window, carport, have a new roof put on and tile installed at Collins’ residence located at 906 Waterway Drive, Barefoot Bay, Florida 32976. 195. The contracted price for the Collins project was $19,610.00. 196. Collins paid Respondent a deposit in the amount of $6,500.00. 197, Respondent never commenced work on the project, nor was any money returned to Collins. COUNT XXVI 198. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 175 through 177 as though fully set forth herein. 199, Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXVIII 200, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 173 through 182 as though fully set forth herein. 201. Based on the foregoing Respondent violated Section 489.1271), Florida Statutes, by engaging in the business or act in the capacity of a contractor or 23 Jan 19 2006 9:26 @1/19/2886 18:16 8589219186 DEPR PAGE 26/35 advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered ot certified or having a certificate of authority. COUNT XXVIII 202, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 183 through 186 as though fully set forth herein. 203. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXIX 204. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 187 through 189 as though fully set forth herein. 205. Based on the foregoing Respondent violated Section 489.127(1)(), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXX 206. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 5 and 190 through 193 as though fully set forth herein. 24 Jan 19 2006 9:26 @1/19/2886 18:16 8589219186 DEPR PAGE 27/35 207, Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging. in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority, COUNT XXXI 208. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 194 through 197 as though fully set forth herein. 209. Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. FACTS RELATED TO CASE NO, 2005-044072 210. On or about November 2, 2004, Ray Mahlow (“Mahlow”) contracted with Respondent to have repairs performed on the carport, scteen porch and Florida Room at his residence located at 203 Sailfish Court, Barefoot Bay, Florida 32976. 21]. The contracted price for the Mahlow project was $9,911.00. 212. Mahlow paid Respondent a deposit in the amount of $2,500.00. 213. Prior to signing the contract, Respondent assured Mahlow that he was a licensed and insured contractor. 214. Respondent did not commence work on the project, nor was any deposit money retumed to Mahlow. 25 Jan 19 2006 9:26 @1/19/2886 18:16 8589219186 DEPR PAGE 28/35 215. On or about November 5, 2004, Kelly Pullano (“Pullano”) contracted with Respondent to perform repairs on the carport roof, gutters, siding, tile and drywall at the residence located at 1217 Blue Bird Drive, Barefoot Bay, Florida 32976. 216. The contracted price for the Pullano project was $34,222.50. 217. Prior to signing the contract, Respondent assured Pullano that he was a licensed and insured contractor. 218. Respondent did not commence work on the project, nor was any deposit money retumed to Pullano, 219, On or about November 3, 2004, Yvonne Dulick (“Dulick”) contracted with Respondent for roof repairs on her residence located at 714 Silver Thorn Court, Barefoot Bay, Florida 32976. 220, The contracted price for the Dulick project was $3,220.00. 221. No money was exchanged between parties, nor was work begun on the project. 222. In October 2004, Anne Miller (“Miller”) contracted with Respondent for roof repairs at her residence located at 1107 Tequesta Drive, Barefoot Bay, Florida 32976, 223. The contracted price for the Miller project was $3,650.00. 224. Miller gave Respondent a depostt in the amount of $1,840.00, 225, Prior to signing the contract, Respondent assured Miller that he was a licensed and insured contractor. 226.. Respondent never commenced work on the project, nor did he return any deposit money to Miller. 26 Jan 19 2006 9:26 @1/19/2886 18:16 8589219186 DEPR PAGE 29/35 227. On or about November 2, 2004, Sheila and Bemard Newbury (“Newbury”) contracted with Respondent to demolish their home located at 925 Periwinkle Circle, Barefoot Bay, Florida 32976. 228. The contracted price for the Newbury project was $2,500.00. 229. Newbury paid Respondent a deposit in the amount of $375.00. 230. Respondent never commenced work on the project, nor was any deposit money returned to Newbury. | COUNT XXXTI 231. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 210 through 214 as though fully set forth herein. 232. Based on the foregoing Respondent violated Section 489.127(1\(D, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXXII 233. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 215 through 218 as though fully set forth herein... 234. Based on the foregoing Respondent violated Section 489.127(1)(, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. 27 Jan 19 2006 9:27 @1/19/2886 1@:16 9589219196 DEPR PAGE 38/35 — _ COUNT XXXIV 235, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 219 through 22] as though fully set forth herein. 236, Based on the foregoing Respondent violated Section 489.127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. . COUNT XXXV 237. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 222 through 226 as though fully set forth herein. 238. Based on the foregoing Respondent violated Section 489,127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. COUNT XXXVI 239, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 227 through 230 as though fully set forth herein. 240, Based on the foregoing Respondent violated Section 489.127(1)(6, Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the 28 Jan 19 2006 9:27 @1/19/2886 18:16 8589219186 DEPR PAGE 31/35 business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. FACTS RELATED TO CASE NO. 2005-044072 241. On or about October 30, 2004, Karen Manley and Harold McFadden (“Manley”) contracted with Respondent to perform a re-roof at their residence located at 884 Waterway Drive, Barefoot Bay, Florida 32976, 242. Manley paid Respondent a deposit in the amount of $1,720.00. 243, On or about November 1, 2004, Manley contacted Respondent to initiate a retum on the deposit check. 244, On or about November 4, 2004, Respondent returned the money to Manley, but upon depositing the check at the bank, Manley was informed that there were insufficient funds in the account. ) COUNT XXXVI 243, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 241 through 244 as though fully set forth herein, 246. Based on the foregoing Respondent violated Section 489,127(1)(f), Florida Statutes, by engaging in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority, WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; assessment of costs related to the investigation and prosecution of the case 29 Jan 19 2006 9:27 @1/19/2886 18:16 8589219186 DEPR PAGE 32/35 excluding costs associated with an attorney's time: refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder, Signed this “H45 day of _Newerer er. 2005. mbt AC harles J. Pellegrinj Assistant General Counsel coraomey FILED ALL alps , 2004-058273 f Department of Business and Professional Regulation 2005-045618 ,l”- AGENCY CLERK 2005-044089 & 2005-044087 2005-044085 2005-044083 CLERK eto f . oh a 2005-044079 ~2l- 2005-044072 pate_ HL" 2] 2005 | 2005-044090 30

Docket for Case No: 06-000261