iy ka 4x aoe pL "% OS (09D 406%, 6 CIO) 4: STATE OF FLORIDA CSW, G ty DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Wola CONSTRUCTION INDUSTRY LICENSING BOARD € DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-044873 Vv. 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 489.. .5(1)(a), Florida Statutes, provides tha, | 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 July 20, 2005, HHSF entered into a contract with Kevin Buchwald ("Buchwald") to build a home on the property located at 762 Nina Avenue South, Lehigh Acres, FL 33935. 7. The total contract price was $182,000.00, of which $18,202.00 was paid to HHSF on or about November 10, 2005. 8. Respondent applied for a permit on December 6, 2006. The permit application was approved. 9. Neither Respondent nor anyone on behalf of HHSF paid the permit fees to date or picked up the permit upon approval. . 10. Neither Respondent nor HHSF performed any work from the date payment was received on or about November 10, 2005 until the date HUSF applied for the necessary permits on or about December 6, 2006. 11. Neither Respondent nor HHSF performed any work from the date the permit was approved to date. 12, Financing and funding for the construction loan remained in place for a period that covered in excess of ninety (90) days between November 10, 2005 to date. 13, ~ There has been a period of at least ninety (90) days from the date the payment was received on or about November 10, 2005 to date, in which Respondent and/or HHSF did not complete any work. 14. There has bec. period of at least ninety (90) days fro che date the permit was approved and ready to be picked up to date, in which Respondent and/or HHSF did not complete any work. 15. There was no just cause for Respondent to fail to complete any work from November 10, 2005 to date. 16. There was no just cause for Respondent to fail to complete any work from the date the permit was ready to be picked up to date. 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 reatleges 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 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 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 th, —regoing, Respondent violated section _9.129(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 UI 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 set 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 — ucutes, and/or the i aa the. under. Signed this Z9 day of Orth , 2007. PC Found: October 23, 2007 j Div. I: Chung & Husband By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: F l [ E ; ; | Matthew D. Morton Department of Business and Professional Regulation Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 CLERK Sas why Be Wotan am Tallahassee, FL 32399-2202 vate_ JI 9- 2007

Docket for Case No: 08-001022PL