Sep 7 200? 14:27 aqvar/2aey 14:11 8589219186 DEPR PAGE 83/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. CaseNo. 2006-003975 PETER CARL HESSER, D/B/A UNDER GRACE, LLC, Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against PETER CARL HESSER, d/b/a UNDER GRACE, LLC ("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 has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C060290. 3. Respondent’s address of record is 41 Allworthy Street, Port Charlotte, Florida, 33954, 4, At all times material hereto, Respondent was the qualifying agent for Under Grace, LLC, which was issued certificate of authority OB 38735, which is current and active, 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying Sep 7 200? 14:27 aqvar/2aey 14:11 8589219186 DEPR PAGE @4/1a 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 around September 4, 2004, Laura Pontbriand (“Pontbriand”) entered into a contract with Fred Chalone, d/b/a Chalone Enterprise, for construction work for the contract price of $38,400.00. 7, Neither Fred Chalone nor his business is duly licensed to perform such work. 8. Respondent’s license number was listed on the contract, Respondent signed the release of lien, and the Notice of Commencement stated Hesser Enterprises’ name as the contractor for the project. 9. No permits were pulled for the project. COUNTI 10, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 11. 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 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)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. Sep 7 200? 14:27 aqvar/2aey 14:11 8589219186 DEPR PAGE 45/18 WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or tore of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administtative fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and ptosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this <3 __ day of lt 2006; Assistant General Counsel COUNSEL FOR DEPARTMENT: FILED rs fa B. nye A 4 Department of Business and Professional Regulation epartment of Business an AGENCY CLERK Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220 CLERK Soy ody BP. Wak nn IBM/sn cate 2-12-2007 Case No.: 2006-003975 PC Found: July 3, 2007 Div. I: Clark & Burke

Docket for Case No: 07-004048