STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ("of y, DIVISION I . NEES DEPARTMENT OF BUSINESS AND Ol . SUT P (_ PROFESSIONAL REGULATION, fot Petitioner, vs. Case No. 2006-020177 2006-020099 JERALD BRENT KIRKPATRICK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against JERALD BRENT -KIRKPATRICK ("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 Building Contractor in the State of Florida, having been issued license number CB C025094. 3. Respondent’s addresses of record are 1601 Freeman Avenue, Lehigh Acres, Florida 33972, 1601 Truman Avenue, Lehigh Acres, Florida 33972, and 13410 McGregor Blvd., Fort Myers, Florida 33919. 4. Respondent is the licensed qualifying agent for Brenco Construction, Inc. (hereinafter “Brenco”). 7 9 5. At all times material hereto, Brenco did not possess a certificate of authority as required by Section 489.119(2), Florida Statutes. FACTS RELATED TO CASE NO. 2006-020177 6. On or about August 3, 2004, Respondent, doing business as Brenco, entered into a contract with Yvonne and Stanley Hyndman (hereinafter “Hyndman’”) to construct a home for - Hyndman located at 1510 Michael Avenue, Lehigh Acres, Florida. 7. The contract price for the aforementioned project was $149,800.00. 8. The contract did not contain the Respondent’s license number. 9. On or about August 7, 2004, Hyndman paid Respondent a deposit of approximately $1,000.00 10. Onor about November 15, 2005, Respondent informed Hyndman that the prices stated in the contract had increased significantly and offered another home for $209,900.00. 11. On or about November 15, 2005, Hyndman executed a request for refund of the $1,000.00 deposit. 12. Respondent was not entitled under the terms of the contract to retain any money he received from Hyndman above the amount completed on the contract. 13. To date, Respondent has failed to return any money to Hyndman which Respondent received above the amount completed on the contract. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and six through thirteen as though fully set forth herein. 15. Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contract as a business organization, including any partnership, corporation, business m) -) trust, or other legal entity, or in any name other than the applicant’s legal name, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 16. 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 this part or violating a tule or lawful order of the board, by having violated Section 489.119(2), Florida Statutes. COUNT It 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one five and six through thirteen as though fully set forth herein. 18. Section 489.119(6)(b), Florida Statutes, provides that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor in the practice of contracting. 19. Based on the foregoing, Respondent violated Section 489.1 29(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the bard, by having violated Section 489.119(6)(b), Florida Statutes. COUNT J 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one five and six through thirteen as though fully set forth herein. 21. 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 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 thirty (30) days after the date the job is abandoned. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and six through thirteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. FACTS RELATED TO CASE NO. 2006-020099 24. On or about August 2, 2004, Respondent, doing business as Brenco, entered into a contract with Dennis and Monica Wynter (hereinafter “Wynter”) to construct a home for Wynter located at 1107 Colonial Street East, Lehigh Acres, Florida. 25. The contract price for the aforementioned project was $159,800.00. 26. The contract did not contain the Respondent’s license number. 27. Onor about August 11, 2004, Wynter paid Respondent a deposit of approximately $1,000.00 28. On or about January 10, 2006, Wynter executed a request for refund of the $1,000.00 deposit. 29. Respondent was not entitled under the terms of the contract to retain any money he received from Wynter above the amount completed on the contract. 30. To date, Respondent has failed to retum any money to Wynter which Respondent received above the amount completed on the contract. ~) re COUNT V 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-four through thirty as though fully set forth herein. 32. Section 489.119(2), Florida Statutes, provides in part that if an applicant proposes to engage in contract as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 33. 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 this part or violating a rule or lawful order of the board, by having violated Section 489.119(2), Florida Statutes. COUNT VI 34, Petitioner realleges and incorporates the allegations set forth in paragraphs one five and twenty-four through thirty as though fully set forth herein. 35. Section 489.119(6)(b), Florida Statutes, provides that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor in the practice of contracting. 36. 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 this part or violating a rule or lawful order of the bard, by having violated Section 489.119(6)(b), Florida Statutes. COUNT VII 37. Petitioner realleges and incorporates the allegations set forth in paragraphs one at five and twenty-four through thirty as though fully set forth herein. 38. 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 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 thirty (30) days after the date the job is abandoned. COUNT Vit 39, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-four through thirty as though fully set forth herein. 40. 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, 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. 1, 2 ) Signed this 2 — day of Sept amty2 __, 2006 Gan C* Patrick an Chief Construction Attorney COUNSEL FOR DEPARTMENT: Department of Business and F | Professional Regulation : 4 Professional Regulation ess an Office of the General Counsel Department of mRGENCY CLERK 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220 2006-02017 | Wad on 2006-02009 CLERK Sead A er Ys | ee PG Found: September 26, 2006 Division |: Chung & Cox

Docket for Case No: 07-005679PL