Apr 4 200? 12:57 PAGE 2/22 @d/ad/2ae7 12:46 8589219186 DEPR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . Case Nos.: 2004-033788 2003074102 v. 2003-080210 BART J. SCHROEER d/b/a Restoration Services of N. E. FL Inc, ‘Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board against Respondent, BART J. SCHROEER, 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 General Contractor in the State of Florida, having been issued license number CG C060813. . 3. Respondent's last known address of record is 3319 Waller Street, Jacksonville, Florida 32254, Apr 4 200? 12:58 PAGE 83/22 O4/a4/2087 12:46 8589219186 DEPR oe ; ae 4, At all times material hereto, Respondent was the qualifying agent for Restoration Services ofN.E. FL Inc. ("RS"), a registered qualified business possessing license number OB 0012514, . 5, 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 ih general and for each specific job. , 6. On or about November 18, 2004, Respondent was arrested by the Clay County Sheriff's Department and charged with Worthless Checks and Organized Scheme To Detraud. | | 7: On or about September 1, 2005, Respondent entered a plea of guilty and a judgment was entered ordering Respondent to pay restitution costs to Dale Groves ("Groves"), Robert Cook ("Cook") and Frederick Catchpole ("Catchpole"), in the amount of $50,000.00 to each. ) FACTS PERTAINING TO CASE NO, 2004-033788 ‘8. On or about April 5, 2002, Groves entered into a written contract with RS to construct a residential log home located at 3187 Creek Hollow Lane in Middleburg, Florida ("the residence"). . 9. Respondent failed to inolude his license number on the contract. 10. The contract failed to contain a written statement explaining the consumer's tights under the Construction Industries Recovery Fund. ‘11. The total contract price was $182,639.03, of which amount Groves paid $141,065.00 to RC. Apr 4 200? 12:58 G4/ad/2087 12:46 8589219186 DEPR PAGE 84/22 12, On or about July 26, 2002, Respondent obtained permit number 02071708 from the Clay County Building Department for the work to be perfortned pursuant to the contract with Groves. 13, -In or around June, 2002, Respondent commenced work on the project. 14, In or around August, 2002, Respondent permanently ceased construction | of the residence, effectively abandoning the project substantially incomplete. ‘15, The abandonment was not due to any just cause and was without notice to Groves. 16. The percentage of completion of the project was less than the percentage that Groves paid to Respondent. | 17. On or about February 2, 2004, Groves amended the permit to his own name, 18. In or around July, 2004, through April, 2005, Groves paid Simon Doci Contractors and Righteous Works a total of $28,275.00 and $80,758.67 to various subcontractors to complete the residence, or $67,459.64 over the original contract price. 19. To date, Respondent has not reimbursed Groves any portion of the monies paid above and beyond the original contract price, | COUNTI 20. Petitioner tealleges and incorporates the allegations set forth in paragraphs one through 19 above as though fully set forth therein. 21. Section 489.119(6)(b), Florida Statutes, tequires that the registration or certification number of each contractor appear on each offer of service, business proposal, bid, contract or advertisement used by that contractor or business organization Apr 4 2007 Ad/@d/ona7y 12:46 8569219186 DEPR PAGE 5/22 in the practice of contracting. 22, Based upon the foregoing, the 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 a rule or lawful order of the board. COUNT I 23. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through 19 above as though fully set forth herein, . 24. — Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property thust contain a written staternent explaining the consumer's rights under the Construction, Industry Recovery Fund, except where the valne of all labor and materials does not exceed $2,500.00. 25. 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 a rule or lawful order of the board, a3 here, section 489,1425(1), Florida Statutes, by failing to include a written statement explaining the consumer's rights under _ the Construction Industries Recovery Fund. COUNT iy 26. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through 19 as though fully set forth herein, | . 27. Based on the foregoing, Respondent violated section 489.129(1)(b), Florida, Statutes, by being convicted or found guilty of, or entering a plea or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, which directly Apr 4 200? 12:58 @d/ad/2ae7 12:46 8589219186 DEPR PAGE 4 relates to the practice of contracting or the ability to practice contracting, COUNTIV 28. ‘Petitioner realleges and incorporates the allegation set forth in paragraphs one through 19 as though fully set forth herein. 29, Based on the foregoing, Respondent violated section 489. 129(1)(g)2, Florida Statutes, by cotmmitting mismanagement or misconduct in the practice of contracting that causes financial harm toa customer. Financial mismanagement or . misconduct occurs when 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 daté the job is abandoned, | COUNTY 30, Petitioner realleges and incorporates the allegations set forth in paragraphs one through 19 above as though fully set forth therein. 31. Based on the foregoing, Respondent has violated Section 489.129(1)(}); Florida Statutes, by abandoning a construction project in which the contractor is engaged , ot under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reasons for termination, or fails to perform work without just cause for 90 consecutive days. COUNT VI 22, Petitioner realleges and incorporates the allegations set forth in paragraphs ab/22 Apr 4 2007 @d/ad/2ae7 12:46 8589219186 DEPR PAGE one through 19 above as though fully set forth herein. 33, Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. . FACTS PERTAINING TO CASE NO. 2004-074102 34. On or about February 1, 2002, Cook entered into a written contract with RS to remodel Cook's residence located at 1125 North Market Street in Jacksonville, Florida ("the residence"). . 35. Respondent failed to include his license number on the contract. 36. The contract failed to contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund. ° 37. The total contract price was $176,000, of which amount Cook paid $165,649.41 to RC. 38. On or about February 12, 2002, Respondent obtained permit number 797.000 from the City of Jacksonville Building Department for the work to be performed pursuant to the contract with Cook. . | 39. On or about June 25, 2003, Respondent ceased construction of the residence after Cook fired him from the job. arf22 40. On or about August 8, 2002, Smiths Superior Htg. & Cooling Ine. filed a Notice to Owner/Notice to Contractor of an unspecified amount for unpaid labor and/or services, which Cook satisfied in order to avoid a lien being filed against his property. 41, On or about September 4, 2002, Ovitt Construction filed a Notice to Owner/Notice to Contractor of an unspecified amount for unpaid labor and/or services, Apr 4 200? 12:59 G4/ad/2087 12:46 8589219186 DEPR PAGE 88/22 which Cook satisfied in order to avoid a lien being filed against his property. 42, On or about December 10, 2002, A Quality Plumbing Setvice filed a Notice to Owner/Notice to Contractor of an unspecified amount for unpaid laber and/or services, which Cook satisfied in order to avoid a lien being filed against his property. 43. Onor about December 12, 2002, SeaCoast Supply filed a valid Claim of Lien against Cook's property in the amount of $873.12, which Cook satisfied. 44. On or about September 3, 2003, Carl E..McCormick, Sr. filed a Notice to Owner/Notice to Contractor of an unspecified amount for unpaid labor and/or services, which Cook satisfied in order.to avoid a lien being filed against his property. 45, In or around December, 2002, Cook paid Ovitt Construction $22,020.00 to complete the project, or $11,669.41 over the original contract price. . 46. To date, Respondent has not reimbursed Cook any portion of the monies paid above and beyond the original contract price, . COUNT YO 47, Petitioner realleges and incorporates the allegations set forth in paragraphs . one through 7 and 34 through 46 as though fully set forth herein, | 48. | Section 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor appear on each offer of service, business ptoposal, bid, contract or advertisement used by that contractor or business organization in the practice of contracting. 49. Based upon the foregoing, the 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 a rule or lawful order of the board. Apr 4 2007 Ad/@d/e667 12:46 8569219186 DEPR PAGE 89/22 a _ COUNT VIL 50. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 7 and 34 through 46 as though filly set forth herein. 51. Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential teal 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. 52, Based on the foregoing, Respondent violated section, 489.129(1)G); Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, as here, section 489.1425(1), Florida Statutes, by failing to include a written statement explaining the consumer's rights urider the Construction Industries Recovery Fund, COUNT Ix 53. Petitioner realleges and incotporates the allegations set forth in paragraphs one through 7 and 34 through 46 above as though fully set forth therein. 54. . Based on the foregoing, Respondent violated section 489.129(1)(b), Florida Statutes, by being convicted or found guilty of, or entering a plea or nolo contendere to, regardless of adjudication, a crime in any Jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. COUNT X 55, Petitioner realleges and incorporates the allegations set forth in paragraphs one through 7 and 34 through 46 above as though fully set forth therein. Apr 4 200? 12:59 @d/ad/2ae7 12:46 8589219186 DEPR PAGE 1la/22 56. Based on the foregoing, Respondent violated section 489.129(1)(z)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 funds 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. COUNT XI 57. Petitioner realleges and incorporates the allegations set forth in patagraphs one through 7 and 34 through 46 above as though fully set forth therein. 58. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct. in the practice of contracting, | FACTS PERTAINING TO CASE NO. 2003-080210 59. On or about July 2, 2001, Catchpole entered into a written contract with RS to construct a residential log home located at 3812 Creek Hollow Lane in Middleburg, Florida ("the residence"). 60. Respondent failed to inélude his license number on the contract, 61. The contract failed to contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund. 62. The total contract price was $260,000.00, of which amount Catchpole paid $134,477.16 to RC, ) Apr 4 200? 13:00 G4/ad/2087 12:46 8589219186 DEPR PAGE r - 63. Onor about December 5, 2001, Respondent obtained permit number 01120126 from the Clay County Building Department for the work to be performed pursuant to the contract with Catchpole. 64, In or around January, 2002, Respondent commenced work on the residence. 65, . On or about September 30, 2002, Respondent ceased construction of the residence after Catchpole fired him from the job. 66. On ot about October 21, 2002, Catchpole changed the permit to his own name and paid subcontractors to complete the residence, COUNT XIT 67. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 7 and 59 through 65 as though fully set forth herein. 68. Section. 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each’ contractor appeat on each offer of service, . business . proposal, bid, contract or advertisement used by that contractor or business organization in the practice of contracting. | | | 69. Based upon the foregoing, the Respondent violated Section 489,129(1)0), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. . COUNT SIU _ 70, Petitioner realleges and incorporates the allegations set forth in paragraphs one through 7 and 59 through 65 as though fully set forth herein. 7i, Section 489,1425(1), Florida Statutes, provides that any agreement or 10 11/22 Apr 4 200? 13:00 G4/ad/2087 12:46 8589219186 DEPR PAGE 12/22 contract for repair, restoration, improvement, or construction to residential real property ~ must contain a written statement explaining the consumer's tights under the Constretion Industry Recovery Fund, except where the valte of all labor and materials does not exceed $2,500.00. 72. 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 a rule'or lawful order of the board, as here, section 489.1425(1), Florida Statutes, by failing to include a written statement explaining the consumer's rights under the Construction Industries Recovery Fund. . | COUNT XIV 73. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs one through 7 and.59 through 65 above as though filly set forth therein, . 7A. Based on the foregoing, Respondent violated section 489.129(1)(b), Florida Statutes, by being convicted or found guilty of, or etitering a plea or nolo contendere to, regardless of adjudication, a crime in any jutisdiction which directly relates to the practice of contracting or the ability to practice contracting. COUNT XV 75, Petitioner realleges and incorporates the allegations set forth in paragraphs one through 7 and 59 through 65 above as though fully set forth therein, 76. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency of misconduct in the practice of contracting. 11 Apr 4 200? 13:00 G4/ad/2087 12:46 8589219186 DEPR PAGE 13/22 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 of all penalties delineated within section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impdése pursuant to Chapters 489, 455, Florida Statutes, and/or the mules promulgated thereunder. a Signed this a" day of M CLEAN , 2006. acga._duut ¢ ozo Cy min gore Assistant General Counsel COUNSEL FOR DEPARTMENT: Department of Business and frofessianal Regulation AGENCY CLERK Lisa Anne Balfour Assistant General Counsel ‘Department of Business and Professional Regulation - CLERK Suaodn Fd a (edna meng Northwood Centre, Suite60 - DATE. “Ay - | lo - 2O0ls 1940 N. Monroe St. Tallahassee, FL 32399-0792 Case Nos.: 2004-033788; 2004-0741 02; 2004-080210 LAB/be Div iL: Thernit 4 Cex 12

Docket for Case No: 07-001541