May 21 200? 10:47 go/21/28e7 la:ad 8589219186 DEPR PAGE 83/87 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. 2003-060279 DONALD GULLIGE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing’ Board, against DONALD GULLIGE, ("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 Cextified General Contractor in the State of Florida, having been issued license number CG C053599. 3. Respondent's last known address of record is P.O. Box 753, Silver Springs, Florida 34489, . 4. ‘On or about November 16, 2001, Jerry Hancock ("Hancock"), an unlicensed contractor doing business as Watercolor Homes ("Watercolor"), contracted with Steven Cobaugh ("Cobaugh") to construct a residence located at 4541 Cutlass Drive, Captiva, Florida, May 21 200? 10:47 5/21/2687 16:34 8589219186 DEPR PAGE 84/87 5. The total contract price was $394,875.00, of which amount Cobaugh paid to Hancock a total of $47,610.35. 6. Respondent agreed to work on the Cobaugh project in exchange for monetary compensation from Hancock. 7. On or about April 25, 2002, Respondent obtained permit number RES2002-01171 for the Cobaugh project from the Lee County Building Department. 8. At all times material hereto, there was no contract between Cobaugh and Respondent. 9. After acquiring the necessary permit from Respondent, Hancock began work on the project and completed installing the pilings before he was served with an Order to Cease and Desist. COUNTI 10. Petitioner tealleges and incorporates the allegations set forth in paragraphs ] through 9 above as though fully set forth herein. 1], Based on the foregoing, Respondent violated section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered, COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 13. Section 489.127(4)(c), Florida Statutes, states that a certified or registered contractor may not apply for or obtain a building permit for construction work unless the May 21 200? 10:47 go/21/28e7 la:ad 8589219186 DEPR PAGE 85/87 contractor has entered into a contract to make improvements to, or perform the contracting at the real property specified in the application or permit. 14. 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 Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.127(4)\(c), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, teprimand 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), 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 Qo day of Quiggvate , 2004, . Hammonds Assistant General Counsel COUNSEL FOR DEPARTMENT: F E D April L. Hammonds Department of Business ant Profesional Raguation Assistant General Counsel EPUTY CLERK Department of Business and MH ‘ Professional Regulation CLERK Weechal Office of the General Counsel DATE - 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 Case #: 2003-060279 PC Found: August 24, 2004 Division I: M. Kane / T. Burke 3

Docket for Case No: 07-002250PL