Ox-10%9 PL Op, 4S, STATE OF FLORIDA Messy Me, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION} 249° 9 CONSTRUCTION INDUSTRY LICENSING BOARD OS Ne DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ; Case No. 2007-022333 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. Culleol 3 -Smortexs ofe Rés Veen Le TEN 1:Ube- 0%) 1 5. Section 489," 15(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 June 24, 2005, HHSF entered into a contract with Lynn Clemmons ("Clemmons") to build a home on the property located at 413 NW'5" Terrace, Cape Coral, FL 33993. ~ 7. The total contract price was $235,25 1.00, of which $23,525.10 was paid to HHSF on or about August 11, 2005, 8. A permit to construct a sea wall on Clemmons’ property was applied for on September 20, 2005, with the sea wall passing final inspection on or about December 13, 2005. 9. No other permit was applied for by Respondent or HHSF and no actual work was done by either Respondent or HHSF from the date the sea wall final inspection was passed on or about December 13, 2005 until the contract was terminated by Clemmons on or about November 27, 2006. 10. There was no just cause for Respondent and/or HHSF to fail to complete any work during the time period from December 13, 2005 until November 27, 2006. 11. On or about November 27, 2006, Clemmons forwarded written correspondence to Respondent requesting a refund of her deposit and cancelling the contract between herself and Respondent due to Respondent’s failure to complete any work on the property. 12. Financing and funding for the construction loan remained in place from August 11, 2005 until February 23, 2007. “13, . There were no financial issues on part of Clemmons that caused any delays or abandonment of the construction work by Respondent or HHSF, 14. There are at” st ninety (90) days between Decembe- *, 2005 and November 27, 2006, in which Respondent did no work and did not have just cause for failing to complete any work during that period. 15. At the time of abandonment, the percentage of completion of work by Respondent and/or HHSF is jess than the amount of monies received by Respondent and/or HASF, COUNTI 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)(), 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 TI 20. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs | through 15 as though fully set forth herein. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain or even apply for the necessary permit to begin work. COUNTIV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs | 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 jo* day of /) aby , 2007. PC Found: July 3, 2007 By: Matthew D. Morton Div. I: Clark & Burke Assistant General Counsel COUNSEL FOR DEPARTMENT: F [ E D Matthew D. Morton Department of Business and Professional Regulatioh Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel CLERK 1940 N. Monroe Street, Ste. 42 ; Seon Zé. WJewhww oy Tallahassee, FL 32399-2202 DATE 17-2607 4

Docket for Case No: 08-001089PL