OS: 79-4 PC 08 App STATE OF FLORIDA Di lSIO8 gy DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL BE rear CONSTRUCTION INDUSTRY LICENSING BOARD Nas DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, , Case No. 2007-034336 Vv. KEVIN SULLIVAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KEVIN SULLIVAN, ("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 CR C1326939. 3. Respondent's last known address of record is 8442 S. Federal Highway, Port St. Lucie, FL 34952. 4, At all times material hereto, Respondent was doing business as Sullivan Homes at Hawk’s Ridge, LLC (“SHHR”). SHHR has not been appropriately qualified as required. 5. Section 489.11 ‘1)(a), Florida Statutes, provides that 2° wrimary 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 April 15, 2005, SHHR entered into a contract with Angela Lorefice (“Lorefice") to purchase a lot and construct a residence on property located in St. Lucie County, Florida. . 7. The total contract price was $175,500.00, of which $17,550.00 was paid to SHHR by Lorefice. . 8. Respondent failed to obtain any permit to complete any work pursuant to the contract with Lorefice 9. Neither SHHR nor Respondent began or completed the contracted work. 10. | No amount of monies paid by Lorefice to SHHR has been refunded. 11. Asno work was completed by Respondent, the amount of morties received by Respondent was in excess of the amount of work completed by Respondent. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Section 489.119(2), Florida Statutes, requires that a contractor must qualify and obtain a certificate of authority for any company in which the contractor is engaging in contracting. 14. Sullivan Homes at Hawk’s Ridge, LLC is not a qualified business as required by Section 489.119(2), Florida Statutes and has not obtained the necessary certificate of authority. 15. Respondent engages in contracting in the name of Sullivan Homes at Hawk’s Ridge, LLC. 16. Basedonthef 30ing, Respondent violated section 4! °29(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119(2), Florida Statutes. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 11 as though fully set forth herein. 18. 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 III 19,. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 - through 11 as though fully set forth herein. 20. 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 IV . 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 22. Based upon tl »>regoing, the Respondent violated Se —_n 489.129(1)(0), Florida Statutes, by failing to obtain the necessary permits, pass all inspections and finalize the necessary permits. COUNT V 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 22 as though fully set forth herein. 24. 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. se nb Signed this G a dayof__ / , 2007. PC Found: December 4, 2007 Div. I: Del Vecchio & Cox By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: 3 \ LE De of 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

Docket for Case No: 08-001729PL