Dec 11 2007 99:02 H PAGE 8/17 : 8268 WRIGHT FULFORD MOORH 12/11/2807 @e:59 4a7d25 6 | “o STATE OF FLORIDA ‘DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD , DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . . v. . | Case Nos, 2006-032495, 2006-043015 ERNESTGREFN, ) Respondent, / _ ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ERNEST GREEN, ("Respondent"), and says: 1. Petitioner i 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, aud has been at all times material hereto, a Certified Residential Contractor in the State of Florida, having been issued license number CR C058070, which is current and active. 3. Respondent's last known address of record is 855 Golfview Avenue, Bartow, Florida 33380. . 4, At all times material hereto, Respondent was the qualifying agent for EG & § Builders, Inc., ("EGS"), which holds certificate of authority, QB 019646, which is current and active. Dec 11 2007 99:02 IORH PAGE 12/11/2807 @e:59 4874258268 WRIGHT FULFORD "0 , , ' i FACTS PERTAINING TO CASE NO. 2006-032495 PSUS EERLAINING TO CASE NO. 2006-032495 5. On or about July 13, 2004, Respondent, doing business ‘as EGS, entered into a contract with Vonicle J. Thomas ("Thomas") to perform renovations located at her residence 3010 East Shadowlawn Avenue, Tampa, Florida 33610, 6. The total contract price was $5,200.00, which was paid in full by Thomas to EGS. 7. Respondent failed to include his license number on the contract. 8. The contract with EGS did not contain information regarding the Florida Homeowners’ Construction Recovery Fund. 9. On or about July 13, 2004, EGS commenced work on. Thomas’ construction project. . ) . 10, Respondent failed to obtain the required permit for ‘Thomas! construction project. 11. On or about July 22, 2004, EGS ceased construction on Thomas’, project prior to completion without just cause or notice to Thomas. °12.° At the time construction ocased, approximately 25% of the contracted construction had been completed. COUNTI | 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14. - Section 489.119(6)(b), Florida Statutes, Tequires that the registration or certification number of each contractor appear on each offer of services, business proposal, bid, vontract, or advertisement used by that contractor or busitiess organization in the practice of contracting. aa/17 Dec 11 2007 99:02 WRIGHT FULFORD MOORE PAGE 18/17 oy 12/11/2007 88:59 4074250260 ! 15, Based on the foregoing, the 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, by violating section 489.1 19(6)(b), Florida Statutes, OUNT It 16. Petitioner tealleges and incorporates the. allegations set forth in paragraphs 1 through 12 as though fully set forth herein, 17. Section 489.1425(1), Florida Statutes, states that any agreement or contract for Tepair, restoration, improvement or _ construction to residential real property must contain a written statement explaining the consumer's tights under the Florida Homeowners! Construction Recovery Fund, except where the value of ail labor and materials does not exceed $2,500.00. 18. Based -on the foregoing, Respondent violated section 489, 129(1)@), 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 I : 19, Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 through 12 as though fully set forth herein. 20. 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 constriction 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 uot require a permit under the applicable codes and ordinances, Dec 11 2007 69:03 E 11/17 12/11/2007 88:59 4074250268 WRIGHT FUILFORD MOORH PAG } 21. | Based on the foregoing, Respondent violated section 489.129(1)(2), Florida Statutes, hy failing j 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 IV 22.° Petitioner realleges and incorporates the allegations set forth in paragraphs | through 2 as though fully set forth herein, 23. 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 s abandoned. . COUNT ¥ 24, Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489, 129(1)¢j), Florida Statutes, by abandoning 4 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. Dec 11 2007 69:03 PAGE 12/17 WRIGHT FULFORD MOORH :59 = 4a74250268 = 12/11/2887 8a _ on aT : ) ’ COUNT VI 26. ~ Petitioner realleges and incorporates the allegations s set forth in paragraphs 1 through 12 as though fully set forth herein. 27, Based on the foregoing, Respondent violated section 489,.129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS PERTAINING TO CASE NO. 2006-043015 ~ 28, On or about April 13, 2005, Respondent, doing business as EGS, entered into a contract with Julie Ann Trammell ("Trammell") to construct a new residence located at 318 Sunshine Drive, Lake Wales, Florida 33859, 29, Respondent failed to include his license number in the contract. 30. . The contract vvith EGS did not contain information regarding -the Florida | Tomeowners' Construction Recovery Fund. | . . 31,» The total cuntract price was $218,500.00, of which $155 1281.00 was paid to EGS. ” 32. On or about April 25, 2005, Respondent commenced construction on the project; however, on or about October 24, 2005, construction ceased ptior to completion without notice or just cause to, Trammell. 33. On of about January 6, 2006, Customize Electric, Inc. ("CEI"), a subcontractor, issued a claim of lien against Trammell's property in the amount of $5,793.50 for supplies and/or services ordered by EGS, . 34, To date, Respondent has not satisfied any of the liens placed on Trammel's Property, Dec 11 2007 69:03 PAGE 13/17 WRIGHT FULFORD MOORH 12/11/2087 88:59 aa7a25a260 a . , ) COUNT Vit 35. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1 "through 4 and 28 through 34 as though fully set forth herein, 36. Section 489.119(6)0b), Florida Statutes, requires that the registration or certification number of each contractor appear on each offer of services, business proposal, bid, contract, or advertisement used by that contractor or business organization in the practice of contracting. 37. Based-on the foregoing, the 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, by violating section 489,119(6)(b), Florida Statutes. COUNT vit 38. Petitioner realleges aind incorporates thé allegations set forth in paragraphs | through 4 and 28 through 34 as though fully set forth herein, 39. Section 489.1424(1), Florida Statutes, states that any agreement or conttact for repair, restoration, improvement or construction to residential real property sust 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. 40, Baséd on the foregoing, Respondent violated section 489,129(1)(i), Florida Statutes, by failing in any material Tespect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or Violating a tule or lawful order of the board, by having violated section 489. 1425(1), Florida Statutes. Dec 11 200° = =9:04 WRIGHT FULFORD MOORH PAGE \ . in) 14/17 12/11/2807 @e:59 4874258268 } COUNT IX 4]. Petitioner realleges and incurporates the allegations set forth in paragraphs 1 through 4 and 28 through 34 as though fully set forth herein. 42. Based on the foregoing, Respondent violated section 489,129(1)(e)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 setvices ordered by the contractor for the custorher'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 X | 43... Petitioner realleges aud incorporates the allegations set forth in paragraphs 1 through 4 and 28 through 34 as though fully set forth herein. 44. Based on “the foregoing, Respondent violated section 489, 112916), Florida Statutes, by abandoning 4 construction project in which the contractor ig 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 XI 45, Petitioner Tealleges and incorporates the allegations set forth in paragraphs | through 4 and 28 through 34 as though fully set forth herein. 46. Based on the forégoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. 12/11/2807 @e:59 4874258268 Dec 11 200° = =9:04 WRIGHT FULFORD MOORH PAGE 15/17 my , ~~ \ . . _s in so. , , } WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order i 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 ruleg promulgated thereunder, Signed this 7 8 day of , 2007. PC Found: March 27, 2007 -Moye . Divi: Kalmanson & Husband nevis General Counsel COUNSEL FOR, DEPARTMENT: : Joshua B. Moye . _F | L E D Assislunt General Counsel De partment of Business and Professional R i Department of Business and , M eescoeianal Regulation AGENCY Chirk Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 CuRK Sasoda 2. (Werden evn Case Nos: 2006-032495, 2006-043015 pare Hh 2007

Docket for Case No: 07-005644