Dec 11 200? 99:01 12/11/2807 @e:59 4874258268 WRIGHT FULFORD MOORH PAGE 3/17 4 ) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-055795 ERNEST GREEN, ; D/B/A EG & S BUILDERS, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Liconsing Board, against ERNEST GREEN d/b/a EG & S$ BUILDERS, 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 €058070, which is delinquent, having expired on or around August 31, 2006. 3. Respondent’s address of record is 855 Golfview Avenue, Bartow, Florida, 33830. Dec 11 200? 99:01 12/11/2807 @e:59 4874258268 WRIGHT FULFORD MOORH PAGE @4/17 4, At all times material hereto, Respondent was the qualitying agent for EG & § Builders, Tne. (“EG & 8”), which has certificate of authority QB 19646, which is current. 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 around August 11, 2005, Respondent entered into’ a contract with Melissa Tungate (“Complainant”) for the construction of a new residence, to be located at 102 West Anglewood Drive, Brandon, Florida, for a contract price of $219,625.00. 7. Complainant paid Respondent $80,850.00 of the contract price. 8. Respondent began construction, but abandoned the project in or around June of 2006, without providing just causé or proper notification to Complainant. 9. The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent, 10, Respondent failed to obtain a final inspection for the project. 11. On or around July 6, 2006, Belle Construction Company, Inc., a subcontractor of Respondent, filed a lien against Complainant's property in the amount of $55,126.96. 12, Respondent failed to have the Jien removed from Complainant’s property within 75 days. COUNTI 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. Dec 11 200? 99:01 12/11/2807 @e:59 4874258268 WRIGHT FULFORD MOORH . PAGE 5/17 s, ~, 14, Based on the foregoing, Respondent violated section 489.129(1)(2)1, Florida Statutes, hy committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid licns 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 funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT I 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 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 1o the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract ot refunds the excess funds within 30 days after the job is abandoned, COUNT UI 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 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. A project may be presumed abandoned after 90 days if the contractor Dec 11 2007 99:02 12/11/2807 @e:59 4874258268 WRIGHT FULFORD MOORH PAGE om oo, \ terminates the project without just cause or wilhout proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days, COUNT IV 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489. 129(1)(0), Florida Statutes, by failing to finalize the permit. COUNT V 21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 22. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement 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, teprimand 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 penaltics 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, va “igned this WM day of - 2007. PC Found: Fuly 24, 2007 Div, T: Kane & Husband @6/17 Dec 11 2007 99:02 12/11/2807 @e:59 4874258268 WRIGHT FULFORD MOORH PAGE 7/17 ™ my y! car Moye Assistant Gencral Counsel COUNSEL FOR DEPARTMENT: F l L F D Joshua B. Moye Department of Business and Professional Regulation . AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 CLERK Sos ay Ae Leen Tallahassee, FL. 32399-2202 pare 07 gO" JBM/sn Case No, 2006-055795

Docket for Case No: 07-005643