“FED 1 4UU6G 14-4 , 82/0) 2868 14:87 4874250268 7, os, \ OX: Ole PC STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Pulitioner, Case No. 2UU7-010969 PAUL HANSEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction industry Licensing Board, against PAUL HANSEN, ("Respondent"), and says: l. 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 CRC 56902. 3. Respondent's last known addresses of record are 1424-2 SE 17" Avenue, Cape ‘oral, FL 33990; P. OU. Box 151735, Cape Coral, FL 33915-1735; and, 1436 SE 16" Place, Cape oral, FL 33909. 4. At all times material hereto, Respondent was the primary qualifying agent for Hansen Homes of South Florida, Inc. ("HHSF"), which has a certificate of authority, QB 13128. ] WRIGHT FULFORD MOORH PAGE 45/55 PEO 4 2£UUG 14-41 82/6 2668 14:87 4074258268 WRIGHT FULFORD MOORH PAGE 46/55 e ey 5. Section 489.11 95(1)(a), Florida Statutes, provides thax al primary qualifying agents for a business organization arc jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, oth for the organization in general and for each specific job. 6. On or about June 14, 2005, HHSF entered into a contract with Diana Genkel "Genkel") to build a home on the property located at 2373 NW 38" Place, Cape Coral, Florida. 7. The total contract price was $164,839.00, of which $16,484.00 was paid to HHSF on or about August I, 2005. | 8. Respondent applied for a permit on or about December 7, 2006. The pemmit was \pproved on or about January 17, 2007. 9. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date or nicked up the permit upon approval. 10. Neither Respondent nor HHSF performed any work from the date payment was made on August !, 2005 until the permit application was submitted on or about December 7, 006. | Il. Neither Respondent nor HHSF paid the permit application fees as would be “squired to be able to have the permit issued. 12. Neither Respondent nor HHSF picked up the permit or completed any work from ‘he date the petiuit was approved on or about January 17, 2007 through May 4, 2007. 13. The permit approved on January 17, 2007, bas been revoked and is now void. 14. Financing and funding for the construction loan remained in place for a period ‘hat covered in excess of ninety (90) days between August 1, 2005 and December 7, 2006. 15. | There is at least one ninety (90) day period between August 1, 2005 and ecember 7, 2006, in which Respondent did no work and did not have just cause for failing to omplete any work during each said ninety (90) day period. Feb 1 2008 14:21 82/8: 2488 14:87 4874258268 WRIGHT FULFORD MOORH PAGE 47/55 ~. ~ 16. There has bccn at least ninety (90) days from the dale te permit was approved on ar about January 17, 2007 to May 4, 2007, in which Respondent and/or HHSF did not complete any work. 17. There was no just cause for Respondent to fail to complete any work from January 17, 2007 to May 4, 2007. 18. At the time of abandonment, the percentage of completion of work by Respondent ‘and/or HHSF is less than the amount of monies received by Respondent and/or HHSF. COUNT I 19, Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 ‘hrough 18 as though fully set forth herein. 20. Bascd on the foregoing, Respondent viulated section 489.129(1)(g)2, Florida statutes, by committing mismanagement or misconduct in the practice of contracting that causes ‘mancial harm to a customer. Financial mismanagement or misconduct occurs when the -ontractor has abandoned a customer's job and the percentage of completion is less that than the vercentage of the total contract price paid to the contractor as of the time of abandonment, unless “he contractor is entitled to retain such funds under the terms of the contract or refunds the excess ‘ands within 30 days after the job is abandoned. COUNT II 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 ‘arough 18 as though fully set furtt herein. 22. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida tatutes, by abandoning the construction project in which the contractor is engaged or under “omtract as a contractor. A project may be presumed abandoned after 90 days if the contractor ‘-rminates the project without just cause or without proper notification to the owner, including ‘he reason for termination, or fails to perform work without Just cause for 90 consecutive days. Feb | 2008 14:21 WRIGHT FULFORD MOORH PAGE 48/55 ‘ . COUNT JI} 82/0. 2888 14:87 4074258268 ~ 23. Petitioner realleges and incorporates the allegations set forth in paragraphs | through ’18 as though fully set forth herein. 24. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on this job without paying the necessary fees to have the permit issued, ‘ailing to obtain the permit once it was approved and failing to obtain any inspections. COUNT IV 25, Petitioner realleges and incorporates the allegations set forth in paragraphs | ‘hrough 24 as though fully set forth herein. 26. Based on the foregoing, Respoudeut vivlated scclion 489.129())(m), Florida “Statutes, by committing incompetence 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, “eprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or egistration, require financial restitution to a consumer, impose an administrative fine not to ~xceed $5,000 per violation, require continuing education, assess costs associated with “vestigation and prosecution, impose any or all penalties delineated within scction 455.227(2), lorida 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. Signed this Oo day of , 2007, FILED Ma Department of Business and Professional Regulation / AGENCY CLERK By: Matthew D. Morton Assistant General Counsel CK Seed L oahon ny owe 7 Le 2007" ava. 1