Jul 18 200? 14:25 ar/1e/2687 14:18 8589219186 DEPR PAGE 83/89 } 4) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, — y. . Case No, 2007-002818 JESSE BROWN BATTLE II, D/B/A CONSTRUCTION COMPLIANCE, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL . REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JESSE BROWN BATTLE IIL, ("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 2 Certified General Contractor in the State of Florida, having been issued license number CG C057080, which is " current and active. 3. Respondent's last known address of record is 624 28th Avenue North, 5t. Petersburg, Florida 33704, . | | 4, At all times material hereto, Respondent was the primary qualifying agent for Construction Compliance, Inc. ("CCI"), which had been issued Certificate Authority QB 0002354, which expired on or about August 31, 1997. Jul 18 200? 14:25 ar/1e/2687 14:18 8589219186 DEPR PAGE 84/89 yo \ 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 June 6, 2005, Respondent, doing business as CCI, entered into a contract with Clifford L. Gindin ("Gindin") to construct a new residence to be located at 1041 Lassonde Street South, North Port, Florida 34286. 7. The total contract price was $228,600.00, of which Gindin paid $197,098.20 to cer. 8 Respondent failed to pull the required permits for Gindin's construction project. 9. In or around July 2005, CCI commenced work on the constriction of Gindin's residence; however, construction ceased in or around October 2006, prior to completion, without just cause or notice to Gindin. | 10. On of about November 7, 2006, Coastal Floors, Inc., a subcontractor, issued a claim of lien against Gindin's property in the amount of $3,806.00 for supplies and/or services ordered by CCL 11. On or about December 12, 2006, Gulfcoast Construction Supply, Inc., a subcontractor, issued a claim of lien against Gindin's property in the amount of $511.18 for supplies and/or services ordered by CCL 12. On or about December 18, 2006, Jodfer Land Service, Inc., a subcontractor, issued a claim of lien against Gindin's property in the amount of $1,635.96 for supplies and/or services ordered by CCI. Jul 18 200? 14:25 ar/le/2ae7y 1d:1a 8589219186 DEPR PAGE @5/ag 1 , 13.. On of about February 18, 2097, Smith & Sons Installation, Ine... subcontractor, issued a claim of lien against Gindin's property in the amount of $739.00 for supplies and/or services ordered by CCI. 14. To date, Respondent has not satisfied any of the liens placed on Gindin property, nor has he refunded any of the monies paid to him. ) COUNTI 15, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 16. Section 489.119(2)(b), Florida Statutes, provides that an applicant who proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 17. 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 Chapter 489, Part I, Florida Statutes, or violating a ‘rule.or.Jawful order of. the boatd, by violating section 489.119(2)(b), Florida Statutes. COUNT IE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as thougli fully set forth herein. 19. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, as an initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property must apply for permits Jul 18 200? 14:25 ar/le/2ae7y 1d:1a 8589219186 DEPR PAGE 86/a9 necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes aud ordinances. | 20. 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 489,126(2)(a), Florida Statutes. COUNT NIT ° 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 22, Based on the foregoing, Respondent violated section 489. 129(1\@)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 finds from the customer to pay for the supplies or services; and the contractor has not bad the liens removed from the property, by payment or by bond, within 75 days after the date of such liens, COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs: 1 through 14 as though fully set forth herein. | 24. 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 Jul 18 200? 14:26 ar/le/2ae7y 1d:1a 8589219186 DEPR PAGE @7/ag terminates the proj ect 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 V 25, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 26. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or misconduct 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 admiristrative 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 telief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this zit day of Ap. “2007. PC Found: April 24, 2007 aye Div. I: Del Vecchio & Cox hua BY Moye Pecistant General Counsel COUNSEL FOR DEPAR : F | L OR TMENT: department of Business and Professional Regulation Joshua B. Moye AGENCY CLERK Assistant General Counsel Department of Business and CLERK Senn ifedeor DATE Jul 18 200? 14:26 ar/1e/2687 14:18 8589219186 DEPR PAGE 88/89 Professional Regulation Office of the General Counsel 1.940 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 ° JBM/dk Case No: 2007-002818

Docket for Case No: 07-003336PL