B¥VTISPL ype ED O8 APR ~9 pH yp: 32 STATE OF FLORIDA VISION or DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION A ADH INIS TRATN IVE CONSTRUCTION INDUSTRY LICENSING BOARD HEARINGS DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ; Case No. 2007-041224 v. KEVIN SULLIVAN, Respondent. a 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 489.1: “Qa), Florida Statutes, provides that 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 April 28, 2005, SHHR entered into a contract with Paul and Susan Tracinski (“Trzcinski") to purchase a lot and construct a residence on property located in St. Lucie County, Florida. 7. The total contract price was $198,000.00, of which $19,800.00 was paid to SHHR by Trzcinski. 8. Respondent failed to obtain any permit to complete any work pursuant to the contract with Trzcinski. | 9. Neither SHHR nor Respondent began or completed the contracted work. 10. | No amount of monies paid by Trzcinski to SHHR has been refunded. 11. As no work was completed by Respondent, the amount of monies received by Respondent was in excess of the amount of work completed by Respogdent. 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. Based on the fc “-oing, Respondent violated section 48° * 29(1)G), 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 1 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 II 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 tk wregoing, the Respondent violated Ser a 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 nb — Signed this ( day of L , 2007. PC Found: December 4, 2007 Div. I: Del Vecchio & Cox By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: \ \ t Vs Matthew D. Morton \y eines Assistant General Counsel garrett Fy af Be he ee . Department of Business and ve amt Tallahassee, FL 32399-2202 Professional Regulation Pract ff Office of the General Counsel 1940 N. Monroe Street, Ste. 42 a o> eee

Docket for Case No: 08-001735PL