Apr 30 200% 10:50 PAGE 7/11 @4/3e/2888 1a:32 8589219186 DEPR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, | Petitioner, . Case No. 2006-068529 Vv. ROBERT SULLIVAN, | Respondent, po ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT 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 General Contractor in the State of Florida, having been issued License number CG C1507939. 3. Respondent's last known address of record is P. O. Box 1233., St. Petersburg, FL 33731, O4/38/2088 16:32 8589219186 Apr 30 200% 10:50 DEPR PAGE 88/11 4, Atalltimesr rial hereto, Respondent was doing bi ess as Sullivan Design “Associates LLC (“SDA”). SDA has been appropriately qualified as required, receiving a certificate of authority and license QB 39210; however, the certificate of authority expired on or about August 31, 2007 and has not been renewed to date. 3. Section 489,1195(1)(a), Florida Statutes, provides that all 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 cach specific. job, 6, On or about June 10, 2006, SDA entered into a contract with Stanley Civin ("Civin") to build a screen enclosure at the residence located at 10382 Buena Ventura Drive, Boca Raton, FL 33498, 7. ° The total contract price was $25,200.00, of which $2,500.00 was paid to SDA by Civin. 8. Respondent failed to obtain the necessary permit, pass inspections or otherwise finalize a permit to complete the work pursuant to the contract with Civin, 9. Neither SDA nor Respondent began or completed the contracted work, 10. No amount of monies paid by Civin to SDA has been refunded. 1]. Agno work was completed by Respondent or SDA, the amount of monies received by Respondent was in excess of the amount of work. : COUNT I 12. __ Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. . 13. Fla. Stat. §489.119(2), requires that a contractor must obtain and maintain a qualified business license for any business in whose name the contractor is engaging in business. Apr 30 200% 10:50 @4/3a/2088 16:32 8589219186 DEPR PAGE 9/11 14. Respondent¢ ged in business using the name of SL 15. . The certificate of authority for a qualified business has expired for SDA and not been renewed. 16. Based on the foregoing, Respondent violated section 489.129(1)(), 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 I 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 abandoncd. 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)(3), 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, 2008 10:51 PR Apr 5 PAGE 14/11 DEI COUNT IV O4/38/2088 16:32 8589219186 21. . Petitioner realleges and incorporates the allegations set forth in paragraphs | through 11 as though fully set forth herein, 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes; by failing to obtain the Necessary permits, pass al] inspections and finalize the necessary permits. COUNT V 23. Petitioner realleges and incorporates the allegations set forth in paragraphs | 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, Teprimand 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, Tequire 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, g Signed this 22 aay of , 200% piv. & E By: Matthew D. Morton L sessional Reguiation Assistant General Counsel Apr 30 2008 10:51 @4/3e/2888 1a:32 8589219186 DEPR ° PAGE 11/11 COUNSEL FOR DEPART! NT: 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: 08-002140PL