Feb 21 200° 99:59 g2/2l/20e7 le:de 8589219186 DEPR PAGE 84/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2005-021088 HERMAN J. WHEELER d/b/a 1 & Y WHEELER, INC. d/b/a WHEELER ENTERPRISES Respondent. _ / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against HERMAN J. WHEELER d/b/a ] & Y WHEELER, INC. d/b/a WHEELER ENTERPRISES ("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 Building Contractor in the State of Florida, having been issued license number CBC-1250104 3. Respondent’s last known address of record is 8308 Blazing Star Road, Jacksonville, Florida 32210. 4, At all times material hereto, Respondent was the primary qualifying agent for J&Y Wheeler, Inc. (“JWI”) d/b/a Wheeler Enterprises, which has a certificate of authority, QB# 0035761. NM or Feb 21 2007 10:00 g2/2l/20e7 le:de 8589219186 DEPR PAGE @5/@8 1. } ‘ 5. On or about August 4, 2004, Respondent d/b/a TWI d/b/a Wheeler Enterprises entered into a contract with Susan and Leo Dehlinger ("Complainants") to remodel a bathroom, re-roof the residence, and build an addition on to Complainants’ residence located at 3792 Fenwick Island Drive, Jacksonville, Florida (‘the residence"), 6. The contracted price for the construction was $78,000.00, of which amount Wheeler Enterprises accepted $52, 540.00. 7. On or about September 23, 2004, The City of J acksonville Building Department issued Permit No. B04-52631.000, by and through Respondent's license, for the contracted construction. 8. Construction commenced on or about September 23, 2004, and continued until sometime in December 2004. 9. On or about January 25, 2005, Complainants changed the building permit number B04-52631.000 from Respondent’s name to an owner-builder permit with the City of Jacksonville Building Department. 10. Asaresult of Respondent’s failure to pay for materials supplied for the contracted construction, a valid lien was filed by Builders FirstSource on or about April 4, 2005 in the amount of $8,939.30. | 11. On or about March 20, 2006, Complainants were served with legal papers filed by Builders FirstSource in furtherance of foreclosing on the above lien. 12. Complainants finished the contracted construction, obtaining a Certificate of Occupancy on or about January 12, 2006. 13. However, Complainants had to pay substantially more for the contracted job than the original contract price and the increased price was not caused by Complainants, was not due Feb 21 2007 10:00 g2/2l/20e7 le:de 8589219186 DEPR PAGE 86/88 ' ! to circumstances beyond the control of the contractor, and was not otherwise permitted by the terms of the contract. COUNTI 14. Petitioner reatleges and incorporates the allegations set forth in paragraphs one through 13 above as though fully set forth herein. 15. Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, iroprovement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 16. 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 arule or lawful order of the board, as here, section 489.1425(1), Florida Statutes, COUNT I 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 13 above as though fully 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 harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received fimds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. Feb 21 2007 10:00 2/21/2687 16:48 8589219186 DEPR PAGE 87/88 i i COUNT OT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 13 above as though fully set forth herein, 20. Based on the foregoing, Respondent violated section 489.129(1)(2)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise pennitted by the terms of the contract between the contractor and the customer. COUNTIV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 12 above as though fully set forth herein. 22, 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 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), Feb 21 2007 10:00 g2/2l/20e7 le:de 8589219186 DEPR PAGE @8/ae yo bone 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. sme tnie ote? Signed this a-\e day of , 2006. Lisa Livezey Ge do gore Assistant General Counsel COUNSEL FOR DEPARTMENT: Lisa Livezey Comingore sation Assistant General Counsel rofessional REY Department of Business and oepartment ot BEN 5 Atl a CLK Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 ?. \,) mde on Sum cueré L0e% Case No.: 2005-021088 “pie DATE PC Found: April 25, 2006 Division : Kane& Husband

Docket for Case No: 07-000918PL