Jan 4 2008 16:17 @l/a@d/28ee 16:14 4874258268 WRIGHT FULFORD MOORH PAGE wat, = STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION, Petitioner, Case Nos. 2006-050737, 2006-050229, 2006-060694 ’ , Vv. SCOTT GREGORY SUSNAR, Respondent. , ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Indusiry Licensing Board, against SCOTT GREGORY SUSNAR, ("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 €57251, which is current. | 3, . Respondent’s address of record is 1539 Poinciana Avenue, Fort Myers, Florida, 33901. 4, At all times material hereto, Respondent was the primary qualifying agent for Security Shutter, Inc. (“Security Shutter’), a3/12 Jan 4 2008 16:17 al/B4/2889 16:14 4a74258268 WRIGHT FULFORD MOORH PAGE 84/12 ™, “ 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. Respondent failed to obtain a certificate of authority for Security Shutter. COUNT I 7. Petitioner re-alleges and incorporates the allegations set forth in paragraphs | through 6 as though fully set forth herein. | 8. Section 489.119(2)(b), Florida Statutes, provides that an applicant who proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, of other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 9, Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing to comply with a provision of Chapter 489, Part I, Florida Statutes, by violating section 489.119(2)(b), Florida Statutes. FACTS PERTAINING TO CASE NO. 2006-050737 10. Onor around January 6, 2005, Respondent, doing business as Security Shutter, entered into a contract with Kathleen White Dickson (“Dickson”) to install six hurricane shutters for a contract price of $12,500.00. 11. Dickson paid a deposit of $6,250.00 to Respondent, but Respondent failed to” obtain permits for the project. Jan 4 2008 16:17 @l/a@d/28ee 16:14 4874258268 WRIGHT FULFORD MOORH PAGE 5/12 1, 7s, 12. Respondent abandoned the project without providing notice or just cause to Dickson. 13. The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent. COUNTH 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 10 through 13 as though fully set forth herein. - 1§. 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. 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 Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.126(2), Florida Statutes. COUNT Ii 17. Petitioner te-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 10 through 13 as though fully set forth herein, 18. Based on the foregoing, Respondent violated'section 489. 129(1)(@)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 Jan 4 2008 16:17 @l/a@d/28ee 16:14 4874258268 WRIGHT FULFORD MOORH PAGE §6/12 as ™ 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 IV — 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs through 6 and 10 through 13 as though fully set forth herein. 20. 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 V 21, Petitioner re-alleges and incorporates the allegations set forth m paragraphs 1 through 6 and 10 through 13 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. FACTS PERTAINING TO CASE NO. 2006-050229 _ 23. On or around February 3, 2005, Respondent, doing business as Shutter Security, entered into a contract with Charles Louis Dirt (“Dir”) to replace five window awnings for a contract price of $6,700.00. 24, Dir paid a deposit of $3,350.00 to Respondent, but Respondent failed to obtain pennits for the project, Jan 4 2008 16:18 @l/a@d/28ee 16:14 4874258268 WRIGHT FULFORD MOORH PAGE @7/12 Lon, *, 25. Respondent never began work on the project and abandoned the project without providing notice or just cause to Dirr, 26. The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent. COUNT VI 27, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 23 through 26 as though fully set forth herein. 28. 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. 29, 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 489.126(2), Florida Statutes. COUNT VII 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 23 through 26 as though fully set forth herein. | 31. 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 causcs financial harm to a customer. Financial mismanagement or misconduct occurs when the Jan 4 2008 16:18 @l/a@d/28ee 16:14 4874258268 WRIGHT FULFORD MOORH PAGE 8/12 =, aa \ 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 Vill 32. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 23 through 26 as though fully set forth herein. 33. 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 termivates the project withoul 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 IX 34, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 23 through 26 as though fully set forth herein, 35, Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or mismanagement in the practice of contracting. FACTS PERTAINING TO CASE NO, 2006-060694_ 36, On or around May 13, 2005, Respondent, doing business as Security Shutter, entered into a contract with Edith L. Allworden (“Allworden”) to install hurricane shutters at Allworden’s rasidence for a contract price of $7,000.00. 37. Allworden paid Respondent a deposit of $3,500.00, but Respondent faildd to obtain permits for the project, Jan 4 2008 16:18 @1/G4/2088 16:14 44674258268 WRIGHT FULFORD MOORH PAGE 89/12 ~, ~ 38. Respondent never began work on the project and abandoned the project without providing notice or just cause to Allworden. 39. The percentage of the project completion at the time of abandonment was less than the percentage of the total contract price paid to Respondent. . COUNT X 40. Petitioner re-alleges and incorporates the allegations sét forth in paragraphs 1 through 6 and 36 through 39 as though fully set forth herein. 41. 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 afler the dale 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. 42. 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 489.126(2), Florida Statutes. COUNT XI 43. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 36 through 39 as though fully set forth herein. 44. Based on the foregoing, Respondent violated section 489,129(1)(g)2, Florida Stahites, hy committing mismanagement or misconduct in the practice of contracting that canses financial harm to a customer. Financial mismanagement or misconduct occurs when the Jan 4 2008 16:18 @l/a@d/28ee 16:14 4874258268 WRIGHT FULFORD MOORH PAGE 18/12 on, ~ 1 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 XII 45. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 36 through 39 as though fully set forth herein. 46. Based on the foregoing, Respondent violated section 489.129(1)Q), 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 withuul 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 XU 47, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 6 and 36 through 39 as though fully set forth herein. 48. 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, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate ur 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 amy or all penalties delineated within section 455.227(2), Jan 4 2008 16:19 @l/@4/2088 16:14 4874258268 WRIGHT FULFORD MOORH PAGE 11/12 ~, = Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant fo Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. . Signed this aH day of , 2006. BC Found: July 24, 2007 4 TEav. t iane & Husband Mf a -. : JoShua B. Moye Assistant General Counsel COUNSEL FOR DEPARTMENT: Joshua B. Moye “onal Reguiation Assistant General Counsel nt of Business and profess! Department of Business and % panne AGENCY CLERK Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 ck Soy £- one a JBM/sn DATE Case #: 2006-050737, 2006-050229, 2006-060694

Docket for Case No: 08-000093PL