: Al 4/6 86/26/2087 18:33 85892191¢° DEPR PAGE 7 STATE OF, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD I : “DIVISION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. . Case No.: 2005-019870 DAVID LEE HERNANDEZ, Respondent. .- Se Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ( ‘Petitioner’, files this Administrative Complaint before the Construction Industry Licensing . Board, against DAVID LER HERNANDEZ, d/b/a TC Ranger, ("Respondent") and Says: 1. Petitioner is the state agency charged with regulating the plactice of contracting pursuant to section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes, 2. Respondent is, and has beep at all times material hereto, a Certified Roofing Contractor in the State of Florida, having been issued license number CR C57324, 3, Respondent's address of record is 1257 Palmdale Circle, NE, Palm Bay, Florida. 4. On or about July 11, 2003, Respondent contracted with Thanh Nguyen (“Nguyen”) to build Nguyen’s new home at 4125 Carolwood Drive, Melbourne, Florida 32934. 5 The contract price for the aforementioned project was $320,480.00, of which Neuyen paid Respondent $32,048.00. 6 On or about November 7, 2003, the Brevard County Building Department issued 66/26/2887 18:33 85092191" Jun 26 2007 10:4? DEPR PAGE 95/87 yo . permit number MO0153012 to Respondent for the construction of the home. 7° Respondent poured the concrete slab, but performed no other work on the project. 8. Respondent failed to perform work on the project for a period greater than 90 days. 9. On or about January 27, 2005, Nguyen paid Cemex Construction Materials, LP the sum of $14,504.06 for the removal of lien placed.on the property by Cemex, 10. On or about March 3, 2005, Nguyen paid Brevard Truss, Inc. the amount of $15,200.72 to satisfy the lien placed on the property by Brevard Truss. IL. Neuyen has since contracted with Brevard Homes Inc. to build the home for a contract price of $372,431.00. COUNT I 12. . Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven above as though fully set forth therein, 13. Based upon the foregoing, Respondent violated Section 489, 129( 1)q), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper Notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT 14. Petitioner realleges and i Incorporates the allegations set forth i I] paragraphs one through eleven above as though fully set forth therein, 15. Based upon the foregoing, Respondent violated Section 489.129(1)(g)1, Florida Ne Jun 26 200? 10:47 7 po PAGE @6/87 86/26/2887 18:33 850921916 DBPR 16. Petitioner realleges and incorporates the allegations set forth in paragraplis one of the contract between the contractor and, the customer. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing onc or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; assessment o7 costs related to the investigation and prosecution of the case excluding costs zssociated “ith 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. Jun 26 2007 10:48 06/26/2087 18:33 a5eg2z1git DBPR \ PAGE 47/87 ) \ ; Signed this 209 ay of (Mamneh , 2006. Charles J. Pellegrini Assistant General Counsel Case #: 205-5 OF FIL ED wa FU d a\> g \o b Department of Business a comesiona Regulation — VN Tv DE: Tornren + CO*% CLERK Soqedy f. (eres nm 4 -lle-200l, DATE ~ ~

Docket for Case No: 07-002819PL