OS: 01Dl PE STATE OF FLORIDA _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-005640 v. 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: 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 CRC 56902. 3. Respondent's last known addresses of record are 1424-2 SE 17" Avenue, Cape Coral, FL 33990; P. O. Box 151735, Cape Coral, FL 33915-1735; and, 1436 SE 16 Place, Cape Coral, 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. 1 5. Section 485 — 95(1)(a), Florida Statutes, provides th. ll 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 about March 10, 2005, HHSF entered into a contract with James Thomas ("Thomas") to build a home on the property located at 1917 NW 18" Street, Cape Coral, FL 33993. 7. The total contract price was $147,125.00, of which $14,712.50 was paid to HHSF on or about April 13, 2005. 8. Respondent applied for a permit on June 16, 2005. The permit was approved on or about July 18, 2005. 9. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date or picked up the permit upon approval. 10. The permit was voided as a result of the failure by Respondent and/or HHSF to pick up the permit. 11. Respondent re-applied for the permit on or about December 7, 2006. The permit was approved on or about January 17, 2007. 12. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date or picked up the permit upon approval. 13. Neither Respondent nor HHSF performed any work from the date the permit was first approved on or about July 18, 2005 until the new application was submitted for the permit on or about December 7, 2006. 14. Neither Respondent nor HHSF paid the permit application fees as would be required to be able to have the permit issued on January 17, 2007. 15. Neither Respondent nor HHSF picked up the permit or completed any work from the date the permit was approved on or about January 17, 2007 through May 4, 2007. 2 ‘unding for the construction joan rema din place for a period 18, 2005 and December 7, 2006. uly 18, 2005 and De 16. Financing 4 )) days between July period between J that covered in excess of ninety (90 cembet ast one ninety (90) day ork and did not have j to complete any 17, There is at le ust cause for failing 7, 2006, in which Respondent did no W g each said ninety (90) day period. te the permit was approved on (90) days from the da’ ndent and/or HHSF work durin gs been at least ninety 007, in which Respo 4g, There ha did not complete or about January 17, 2007 to May 4,2 any work. Respondent to fail to complete any work from 19. | There was no just cause for 2007 to May 4, 2007. ondent f abandonment, the p January 17, etion of work by ResP' 20. At the time 0 ercentage of comp! and/or HHSF js less than the amount of monies received by Respondent and/or HHSF. COUNTI 21. Petitioner realleges and incorporates the allegations set forth im paragraphs 1 rein. 9,129(A)(g)2, Florida that causes through 20 as though fully set forth he’ Based on the foregoing, t violated section 48 Responden actice of contracting 22. Statutes, bY committing mismanagement or misconduct in the pr or misconduct occurs when the financial harm to a customer. Financial mismanagement ustomer's job and the percentage of completion js less that than the tor has abandoned a © donment, unless f the time of aban or refunds the excess contrac to the contractor as 0 al contract price paid terms of the contract percentage of the tot ris entitled to retain such funds under the the contracto the job is abandoned. COUNT I the allegations set fo funds within 30 days after th in paragraphs 1 23. Petitioner realleges and incorporates through 20 as though fully set forth herein. ———— 24. Based onthe —_ egoing, Respondent violated section: .129(1)(j), Florida Statutes, by abandoning the 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 Ii 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 20 as though fully set forth herein. 26. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by proceeding on this job without paying the necessary fees to have the permit issued, failing to obtain the permit once it was approved and failing to obtain any inspections. COUNT IV 27. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 26 as though fully set forth herein. 28. Based on the foregoing, Respondent violated section 489.129(1)(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, 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 _ tutes, and/or the rules promulgated th —_mder. Signed this /0% day of Long , 2007, By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: FILED . Department of Business and Professional Regulation Matthew D. Morton AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel CLERK Su A 4 . Jevhom ov 1940 N. Monroe Street, Ste. 42 = - Tallahassee, FL 32399-2202 DATE PC Found: duly 3, 2007 Biv. i: Clark & Burke

Docket for Case No: 08-000926PL