Oct 31 2008 12:18 10/31/2088 12:14 8589219186 DBPR PAGE 03/89 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-026894 DANIEL P. BRAY, Respondent. ) ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DANIEL P. BRAY, ("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 C1328343. 3. Respondent's last known address of record is 2029 Thesy Drive, Melbourne, FL 32940. GAOGCITiffany Harrington\Spence Gloubsch\AC\Daniel P. Bray 2007-026894 (d)\AC doc 1 Oct 31 2008 12:18 10/31/2088 12:14 8509219186 DBPR PAGE 04/89 4. At all times material hereto, Respondent was the primary qualifying agent for Diamond Home Builders, Inc. ("DHB"), which has a certificate of authority, QB 44544. 5. 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 each specific job. 6. On or about July 7, 2005, Tony Clark, d/b/a Beachside Home Builders, Inc. (“Clark”) entered into a contract with Mark Valladares ("Valladares") to construct a home on his property located at 3517 Treadwell Lane, Malabar, FL 32950. 7. The total contract price was $279,387.50, of which $257,921.93 was paid to Clark. 8. At the time the contract was established, Clark was not licensed to enter into construction contracts of this nature. 9, At the time the contract was established, Beachside Home Builders, Inc. was not a qualified business within Florida. 10. A building permit was requested, from the Brevard County Building Code Department, and ultimately issued for this project. GAOGCITiffany Harrington\Spence Glowbach\AC\Danicl P. Bray 2007-02689 (d)\AC.doc “2 Oct 31 2008 12:18 16/31/2008 12:14 8509219186 DBPR PAGE 05/89 11. The permits were pulled by Respondent, though Respondent claims that he did not complete or supervise any of the work. 12. Clark was not an employee of Respondent at the time contract was created, by the admission of Respondent. 13. Clark accepts payments “from homeowners in his company’s name and then turns around and pays sub-contractors; however, the monies received from all work go into Clark’s bank account. 14, Clark is not licensed as a certified or registered contractor in the state of Florida for any type of contracting. 15. Clark supervised the work done at the home ‘of Valladares. 16. Respondent did not take any active role in supervising the work done at the home cf Valladares. 17. Respondent did state that he established a formal agreement with Clark to pull permits. Respondent agreed to pull permits using his license number, for Clark, at a contracted price of $1,000.00 per permit. 18. Respondent knew or should have known that Clark and Beachside Home Builders, Inc. were unlicensed. G\OGCITiffany Harrington\Spence Glotzbach\AC\Daniel P Bray 2007-026894 (d)\AC doc 3 Oct 31 2008 12:19 16/31/2888 12:14 8589219186 DBPR PAGE 06/09 COUNT ONE 19, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 20. Section 489.127(4)(c), Florida Statutes, provides in part that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real Property specified in the application or permit, 21.’ Based on the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, by having violated Section 489.127(4) (c), Florida Statutes. COUNT TWO 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein, GOGO Tiffany Horrington\Spence Glatzbach\AC\Danicl P Bray 2007-026894 (d)\AC.doc 4 Oct 31 2008 12:19 10/31/2808 12:14 8509219186 DBPR PAGE 07/89 23. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by assisting “an unlicensed contractor in engaging in the unauthorized practice of contracting. COUNT THREE 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 989.129(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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within section 455.227(2), Floxida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 45S, Florida Statutes, and/or the rules promulgated thereunder. GAOGCITiffany Harrington\Spence GlotzbachWC\Doniel P Bray 2007-026894 (d)\AC.doc 5 Oct 31 2008 12:19 16/31/2808 12:14 8589219186 DBPR PAGE 68/03 Signed this 230 day of S ashi , 2008. PC Found: September 23, 2008 Div. I: Del Vecchio & Chung Florida Bar No. 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399~2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile G:AOGCATiffany Harrington\Spence Glotzbach\AC\Daniel P. Bray 2007-026894 (d)\AC. doc 6

Docket for Case No: 08-005462PL