fa, fos ig Fe ) O¥-1037 /L 82) agiivis,,. 2 STATE OF FLORIDA Digi! Sox a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAMEGS ea ay CONSTRUCTION INDUSTRY LICENSING BOARD ‘Ve DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-024291 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.. 45(1)(a), Florida Statutes, provides tha. il 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 18, 2005, HHSF entered into a contract with Kevin Cuccinelli ("Cuccinelli") to build a home on the property located at 1734 NW 17° Street, Cape Coral, FL 33993. 7. The total contract price was $193,651.00, of which $19,365.10 was paid to HHSF on or about September 20, 2005. 8. Neither Respondent nor anyone on behalf of HHSF applied for a permit to complete any work pursuant to the contract with Cuccinelli. 9. Neither Respondent nor HHSF performed any work from the date payment was received on or about September 20, 2005 until February 20, 2007. 10. Financing and funding for the construction loan remained in place for a period that covered in excess of ninety (90) days between September 20, 2005 through the date of February 20, 2007. 11. There has been a period of at least ninety (90) days from the date the payment was received on or about September 20, 2005 to February 20, 2007, in which Respondent and/or HHSF did not complete any work. 12. There was no just cause for Respondent to fail to complete any work from September 20, 2005 to February 20, 2007. 13. Onor about February 20, 2007, counsel for Cuccinelli contacted Respondent in writing to advise that no work had been completed within the previous sixty (60) days and that Cuccinelli did not take any action or prevent Respondent from completing any work during that time. 14, Neither Resp. ..dent nor anyone on behalf of HHSF pe..ormed any work within thirty (30) days of receiving the notice from Cuccinelli’s counsel. 15. 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 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 17. 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 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 15 as though fully set forth herein. 19. 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. COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 15 as though fully set forth herein. 21. Based upon we foregoing, the Respondent violated Sevuon 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 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 21 as though fully set forth herein. 23. 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 ZO" day of Otte , 2007. PC Found: October 23, 2007 Div. I: Chung & Husband 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 Soy wy Za ° WWerdun, my 1940 N. Monroe Street, Ste. 42 e - Tallahassee, FL 32399-2202 oae_lle 15-2007 MEMORANDUM OF F INDING OF PROBABLE CAUSE ~ & TO: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION bogs OFFICE OF THE GENERAL COUNSEL-LEGAL C dy fs = fm & FROM: CHAIRPERSON, PROBABLE CAUSE PANEL, DIVISION 1 Y 2? BOARD: CONSTRUCTION INDUSTRY LICENSING BOARD “OniS0y or @ oz RE: Paul Hansen CASE NO. 2007-024291 4M. tye LICENSE NO.: CRC 56902 DATE OF PROBABLE CAUSE PANEL MEETING: OCT 2 3 2007 THIS MATTER WAS BROUGHT BEFORE THE PROBABLE CAUSE PANEL MEMBERSHIP COMPOSED OF: Chane t Hus band ON THE DATE SET FORTH ABOVE. THE PANEL, HAVING RECEIVED THE INVESTIGATIVE REPORT, HAVING CAREFULLY REVIEWED THAT REPORT, HAVING REVIEWED THE RECOMMENDATION OF THE DEPARTMENT AND HAVING HAD THE OPPORTUNITY TO INQUIRE OF COUNSEL AND BEING OTHERWISE DULY ADVISED IN THE PREMISES THEREOF, FINDS THAT: PROBABLE CAUSE WAS NOT FOUND IN THIS CASE. ( PROBABLE CAUSE WAS FOUND ON THE FOLLOWING STATUTORY AND RULE GROUNDS, INCLUDING BUT NOT LIMITED TO, SECTIONS: 489.129(1)(2)2, F.S., 489.129(1)(j), F.S..489.129(1)(0), F.S., and 489.129(1)(m), F.S. PROBABLE CAUSE WAS FOUND TO AMEND THE ADMINISTRATIVE COMPLAINT AS FOLLOWS: ALTHOUGH PROBABLE CAUSE WAS PREVIOUSLY FOUND, THE ADMINISTRATIVE COMPLAINT SHOULD BE DISMISSED CHAIRPERSON, PROBABL! USE PANEL

Docket for Case No: 08-001039PL