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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs GEORGE BEZANSON, II, D/B/A CARIBBEAN CUSTOM HOMES, INC., 07-003117PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003117PL Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: GEORGE BEZANSON, II, D/B/A CARIBBEAN CUSTOM HOMES, INC.
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jul. 11, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 27, 2007.

Latest Update: Jun. 17, 2024
Jul 11 200? 10:03 @r/ll/2ee7 89:49 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, Case No. 2006-034340 v. GEORGE BEZANSON it 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 Licensing Board, against GEORGE BEZANSON 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. Jul 11 200? 10:04 arf/ll/2ae7y @g:4g 8589219186 DEPR PAGE ad/ay 4. At all times material hereto, Respondent was the primary qualifying agent for Caribbean Custom Homes, Inc., which maintains an active 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. 6. On or about April 1, 2005, Respondent entered into a contract to build a home. 7. Respondent has been paid $31,600 towards the contract price. 8. Respondent never started the project and abandoned the project, 9, Complainant contracted with and paid another contractor an additional $50,000 to ‘ have the work completed after Respondent’s failure to start the project. COUNTI 10. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. Il. Based on the foregoing, Respondent violated section 489,129(1)(z2)(3), Flotida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mistanagement 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 changes orders, unless such increase in cost was the result of circumstances beyond the control of the conttactor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. Jul 11 200? 10:04 a5/a7 @r/ll/2ee7 89:49 8589219186 DEPR PAGE COUNT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 13. Based on the foregoing, Respondent violated section 489.129(1)G), 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 TI 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 15. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misthanagement 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, tequire 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. Jul 11 200? 10:04 @r/ll/2ee7 89:49 8589219186 DEPR PAGE 86/87 Signed this STR day of Cpebiramrieg , 2006. [Lago By: Jashua B. Moye Assistant General Counsel COUNSEL FOR DEPARTMENT: Department of Business. and Professional Regulation Office of the General Counsel FL E D 1940 N. Monroe Street, Ste. 42 Department of Business and Professional Regulation Tallahassee, FL 32399-2202 AGENCY CLERK Case #: 2006-034340 CLK Seah Wacchig ary oate_Z “5 - 2007 PC Fonnd 01/23/07 Division I: Del Vecchio & Kane

Docket for Case No: 07-003117PL
Source:  Florida - Division of Administrative Hearings

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