Jun 26 2007 15:43 B6/ 26/2887 16:29 8589219186 DEPR PAGE @4/12 . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I ‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2006-029054 : 2006-029079- 2006-031797 Vv. GEORGE BEZANSON II d/b/a CARIBBEAN CUSTOM HOMES, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the ‘Construction Industry Licepsing Board, against George Bezanson II d/b/a Caribbean Custom Homes, Inc., ("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 Residential Contractor in the State of Florida, having been issued license number CR. C1326535. 3. Respondent's last known address of record is 4924 SW 17" Avenue, Cape Coral, Florida 33914. Jun 26 2007 15:43 B6/ 26/2887 16:29 8589219186 DEPR PAGE 5/12 } . } 4. At all times material hereto, Respondent was the primary qualifying agent for Caribbean Custom Homes, Inc., which maintains a current qualified business license (QB 29104), 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 in general and for each specific job. FACTS PERTAINING TO CASE 2.006-029054 6, On or about October 29, 2004, Respondent entered into a contract with Duan Pace (“Pace”) for the construction of a residence to be built at 2947 SW 30" Street, Cape Coral, Florida for the sum of $322,575. . 7. Respondent has received $1,096.44 of the contract ptice. 8. The contract with ) Pace did not contain information regarding the Florida Homeowners’ Construction Recovery Fund. 9. The contract failed to contain Respondent’s license number. COUNT T 10, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. i. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer's rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. Jun 26 2007 15:43 B6/ 26/2887 16:29 8589219186 DEPR PAGE §6/12 } ' ) 12. 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 male or lawful order of the board, by having violated section 489.1425(1), Florida Statutes. COUNT IT 13. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 14. Section 489.119(6)(b), Florida Statutes, provides in part that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by the contractor in the practice of contracting, 15. 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 _ 489.1425(1), Florida Statutes, COUNT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 17. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida: Statutes, by committing incompetency or mismanagement in the practice of contracting. Jun 26 2007 15:43 66/26/2687 15:29 8589219186 DEPR PAGE 87/12 FACTS PERTAINING TO CASE 2006-029079 18. On or about January 11, 2005, Respondent entered into a contract with Duan Pace (“Pace”) for the construction of a residence to be built at 2560 SW 27" Street, Cape Coral, Florida for the sum of $333,570. 19. Respondent has received $3,860 of the contract price. 20. The contract with Pace did not contain information regarding: the Florida Homeowners’ Construction Recovery Fund. 21. The contract failed to contain Respondent’s license number, 22. Respondent did not perform any construction work on the project or pick up any petmits for the project. 23. The percentage of work completed (0%) is less than the percentagé paid for the ~ work (1%). ) . COUNT IV 24, Petitioner realleges and incorporates the allegations set forth in paragraphs 1° through 5 and 18 through 23 as though fully set forth herein. 25. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer's rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 26. Based on the foregoing, Respondent violated section 489.129(D@), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule o¢ Jawful order of the board, by having violated section 489.1425(1), Florida Statutes. Jun 26 2007 15:44 B6/ 26/2887 16:29 8589219186 DEPR PAGE 8/12 COUNT ¥ 27. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 3 and 18 through 23 as though fully set forth herein. ) . 28. = Section 489.119(6)(b), Florida Statutes, provides in part that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by the contractor in the practice of contracting. 29. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a tule or lawful order of the board, by having violated section 489.1425(1), Florida Statutes. COUNT VI 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1] through 5 and 18-23 as though fully set forth herein. 31. Based on the foregoing, Respondent violated section 489,129(1)(2)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes fimancial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that 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 finds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. Jun 26 2007 15:44 B6/ 26/2887 16:29 8589219186 DEPR PAGE 9/12 COUNT VIL 32. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 5 and 18-23 as though fully set forth herein. 33. Based on the ‘foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT VIII 34, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 18-23 as though fully set forth herein. 35. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. FACTS PERTAINING TO CASE 2006-031797 36. On or about June 29, 2005, Respondent entered into a contract with Charles K. Ward (“Ward”) for the construction of a residence to be built at 315 SW 28" Terrace, Cape Coral, Florida for the sum of $230,100. 37. Respondent has received $21,390 of the contract price. 38. The contract with Ward did not contain information, regarding the Florida Homeowners' Construction Recovery Fund. | 39. Respondent did not perform any consttuction work on, the project or pull any permits for the project. Jun 26 2007 15:44 B6/ 26/2887 16:29 8589219186 DEPR PAGE 18/12 } ) 40. The percentage of work completed (0%) is less than the percentage paid for the work (9%). COUNT IX 41. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 40 as though fully set forth herein. | 42. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, ‘improvement or construction to residential real property. must contain a written statement explaining the consumer's tights unde the Florida Homeowners' Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 43, ) 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 489,1425(1), Florida Statutes. COUNT X 44, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 40 as though fully set forth herein. 45. Based on the foregoing, Respondent violated section 489.129(1)(@)(2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financia] mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that 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 refimds the excess funds within 30 days after the job is abandoned. Jun 26 2007 15:44 66/26/2687 15:29 8589219186 DEPR PAGE 11/12 ) COUNT XI 46. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 | through 5 and 36 through 40 as though fully set forth herein. 47. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or 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 reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT XT 48. Petitioner realleges. and incorporates the allegations set forth in paragraphs 1 through 5 and 36 through 40 as though fully set forth herein. 49. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by Committing incompetency or mismanagement 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), Florida Statutes, and/or any other relief that the Board is authorized to impose purstiant to Chapters 489, 455, Florida Statutes, and/or the mes promulgated thereunder. Jun 26 2007 15:45 66/26/2687 15:29 8589219186 DEPR PAGE 12/12 \ 4 : } Signed this Sth, day otepbaleuaa nay , 2007. By: JosKua B. Moye Assistant General Counsel COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation Office of the General Counsel F L E D 1940 N. Monroe Street, Ste. 42 Department of Business and Professional Regulata Tallahassee, FL 32399-2202 AGENCY. CLERK Case #8: 2006-029054 . 2006-029079 cuiek 2006-031797 Sars Le (Workin nn pare 7H - 2007 PC Found 01/23/07 Division I: Del Vecchio & Kane

Docket for Case No: 07-002830PL