Dec 4 2007 14:05 1l2/ad/20e7 14:83 4874258268 WRIGHT FULFORD MOORH 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. 2007-030522 ALBERT FRANCIS WEBBER, d/b/a Allautic Contractors & Development Corp Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ALBERT FRANCIS WEBBER, ("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 General Contractor in the State of Florida, having been issued license number CG C61075, 3. Respondent's last known addresses of record are 1238 Arthur Strect, Hollywood, Florida, 33019 and 11471 W Sample Road, Suite 18, Coral Springs, 33065. 4, At all times material hereto, Respondent was the qualitying agent for Atlantic Contractors & Development Corp, which held certificate of authority QB 26440, which is delinquent. Dec 4 2007 14:05 12/a4/2087 14:83 4874258268 WRIGHT FULFORD MOORH PAGE 84/87 5. On or about June 15, 2006, Nick B. Muratore ("Complainant") entered into a contract with Atlantic Contractors and Development Corp, for the company to build Complainant a new residential structure located at 2427 NW 20" Place, Cape Coral, Florida. 6. The total contract price was $184,936.00 of which Respondent accepted $30,429.60 7. Respondent received more than 10% of the contract price as a down payment yet Respondent failed to apply for the required permits for the project within thirty days of receiving the initial payment. 8. Respondent failed to commence work on the project. 9. The percentage of work performed by Respondent is less than the percentage of funds received by Respondent. COUNT] 10. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. ik. Section 489,126(2), 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 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 and ordinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 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 T, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489,126(2), Florida Statutes Dec 4 2007 14:06 12/a4/2087 14:83 4874258268 WRIGHT FULFORD MOORH PAGE 85/87 COUNT II 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 14. 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 Il 15. Petitioner reallcges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 16. 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 IV 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 9 as though fully set forth herein. 18. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statules, by committing incompetence or mismanagement in the practice of contracting. Dec 4 2007 14:06 12/84/2007 14:83 4874258268 WRIGHT FULFORD MOORH PAGE 86/87 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 $10,000 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. ra Signed this gO day of Sapbt~ , 2007. f PC Found: September 25, 200; of Div I; Stewart & Thornton By: {Aoshfia B. Moye Associate General Cousel COUNSEL FOR DEPARTMENT: F | [ F D Joshua B. Moye Department 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 Soyedy £- oatmon /0°9- 2007 Tallahassee, FL 32399-2202 DATE, JBM/em Case #: 2007-030522

Docket for Case No: 07-005486