Feb 22 2008 14:46 02/22/2888 14:43 4074250268 WRIGHT FULFORD MOORH PAGE @2/12 ° oe = D¥- 09714 PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-010955 . v. PAUL HANSEN, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAI. 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..Bux 151735, Cape Coral, FL 33915-1735; and, 1436 SE 16" Place, Cape Coral, FL 33909. 4, Atall 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 Feb 22 2008 14:46 62/22/2088 14:43 4074258268 WRIGHT FULFORD MOORH PAGE 83/12 . 5. Section 489. sc1y(@), Florida Statutes, provides tha h 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 June 6, 2005, HHSF entered into a contract with Nancy Robertson ("Robertson") to build a home on the property located at 2220 SW 3" Avenue, Cape Coral, FL 33993. . . 7. The total contract price was $165,301.00, of which $16,530.00 was paid to HHSF on or about July 28, 2005. 8. Respondent applied for a permit on or about December 7, 2006. The permit was approved on or about January 30, 2007. 8. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date ot picked up the permit upon approval. 10. Neither Respondent nor HHSF performed any work from the date payment was made on July 28, 2005 until the permit application was submitted on or about December 7, 2006. 11. Neither Respondent nor HHSF paid the permit application fees as would be tequired to be able to have the permit issued. 12, Neither Respondent nor HHSF picked up the permit or completed any work from the date the permit was approved on or about January 30, 2007 through May 4, 2007. 13. Financing and funding for the construction loan remained in place fora period that covered in excess of ninety (90) days between July 28, 2005 and December 7, 2006. 14. There ig at least one ninety (90) day period between July 28, 2005 and December 7, 2006, in which Respondent did no work and did not have just cause for failing to complete any work during each said ninety (90) day period. Feb 22 2008 14:46 02/22/2808 14:43 4074256268 WRIGHT FULFORD MOORH PAGE @4/12 A ~ 15. Therehasbe it least ninety (90) days from the date Y permit was approved on’ or about January 30, 2007 to May 4, 2007, in which Respondent and/or HHSF did not complete any work. 16. There was no just cause for Respondent to fail to complete any work from January 30, 2007 to May 4, 2007, 17. 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 18. —- Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 19, Based on the foregoing, Respondent violated section 489.129(1)(g)2, Florida Statutes, by committing misrnanagement 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 iess 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 II 20. — Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. , 21. Based on the foregoing, Respondent violated section 489.129(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. Feb 22 2008 14:47 62/22/2808 14:43 4074250268 WRIGHT FULFORD MOORH PAGE 5/12 rho “hms, ~ ™ COUNT \ 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 17 as though fully set forth herein. 23. 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 24, Petitioner realleges and incorporates the allegations sct forth in paragraphs 1 through 23 as though fully set forth herein. . 25. 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 Statutes, and/or the rules promulgated thereunder. Signed this /OZ- day of __, 2007, Department of Business ang Pr AGENCY Cuan Reeuetan By: “Matthew D. Morton Assistant General Counsel CURK Son wh 2, Weedon ng one 1-17-2007 per Feb 22 2008 14:47 62/22/2008 14:43 4074258268 WRIGHT FULFORD MOORH PAGE 66/12 ™ ~ COUNSEL FOR DEPART ‘NT: Matthew D. Morton Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 'N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 PC Bound: July 3, 2007 Div. I: Clark & Burke

Docket for Case No: 08-000979PL