STATE OF FLORIDA Pr, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 45, / CONSTRUCTION INDUSTRY LICENSING BOARD —dIQ7 5, Fa DIVISION I 9 Lite: 4 I: 2 gles 5 “0p iiayjslOe Or DEPARTMENT OF BUSINESS AND HE aS) RADy bes PROFESSIONAL REGULATION, | 4 Ub q AGS OFS OT YYT Petitioner, Vv. Case No. 2006-035288 CHRIS H. WILLARD, D/B/A THREE PALMS DEVELOPMENT, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHRIS H. WILLARD, D/B/A THREE PALMS DEVELOPMENT, 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 C1327403, which is current and active. 3. Respondent's last known addresses of record are 8121 Ibis Reserve Circle, West Palm Beach, Florida 33412 and 470 Executive Drive Center, #4C, West Palm Beach, Florida 33401. 4. At all times material hereto, Respondent was the qualifying agent for Three Palms Development, Inc., which holds certificate of authority, QB number 34485, which is currently active. 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 July 15, 2005, Respondent, doing business as Three Palms Development, Inc., contracted with Francisco Lara ("Lara") to build a house for Lara at 1204 Seminole Palms Drive, Greenacres, Florida. 7. The contract did not provide information regarding the Florida Homeowner’s Construction Recovery Fund. 8. The contract price was $187,000.00, of which Respondent was paid at least $5,000.00 on or about July 15, 2005, which is two percent (2%) of the contract price. 9. Respondent applied for a permit for the project on June 6, 2006, however, Respondent did not perform any work on the project. 10, Respondent abandoned the project without just cause by failing to commence work for a period of at least ninety congecutive days. 11. Since Respondent failed to perform any work on the project, the percentage of the contract price paid exceeded the percentage of the contracted work completed at the time of Respondent’s abandonment. COUNT I 12. _ Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1] through 11 as though fully set forth herein. 13, 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. 14, 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 II 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 16. Based on the foregoing, Respondent violated section 489.129(1)(g)(2), 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 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 refunds the excess funds within 30 days after the job is abandoned. COUNT It 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein, 18. 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. COUNT IV 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency 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 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. / a am Signed this ZS day of AX , 2007. PC Found: April 24, 2007 y Div, I: Del Vecchio & Cox Jefifey4ZElly Assistant General Counsel COUNSEL FOR DEPARTMENT: Jeffrey Kelly F | L E D Oepartment of Business and Professional Regulation Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 curK S; onwds £. (dewton ~ Tallahassee, FL 32399-2202 ° pate,47~/O-200 JIK/ad Case No: 2006-035288

Docket for Case No: 07-004491

Orders for Case No: 07-004491