Oct 31 2008 14:48 la/al/2aee ld:dd 8589219186 DEPR PAGE @4/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2008-010274 PAUL COUTO, D/B/A ICON HOMES, ING, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against PAUL couUTO, ("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 cO57708. 3. Respondent's addresses of record are 17489 Marcy Avenue, Port Charlotte, FL 33948, 17481 Marcy Avenue, Fort GAOGC\Lisa Comingore\Carli\Adiministrative Complaints\Coute Sexton G1 G3 M\Couto AC.dac ] Oct 31 2008 14:49 la/al/2aee ld:dd 8589219186 DEPR PAGE 85/@8 Charlotte, FL 33948, and 949 Tamiami Trail #204, Port Charlotte, FL 33953. 4. At all times material hereto, Respondent was doing business as Icon Homes, Inc. (“Icon”), which was previously qualified ag required, receiving a certificate of authority and license OB 14364, but expired on August 31, 2007. 5. Section 489.1195(1) (a), Floxida 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. 4. On or about August 21, 2005, Respondent, doing business as Icon, entered into a contract with David Sexton (“Sexton”) to build a house. 7. The contract price was $412,590.00, which Sexton paid in full to Respondent. 6. Multiple liens were filed for supplies and services and Respondent did not have the liens removed from the property within 75 days of being in place. | 9. Respondent allegedly requestad that Sexton pay subcontractors directly. Sexton complied with said request. 10. On or about June 7, 2007, Respondent signed an agreement stating that he owed Sexton $43,952.92 in GAOGC\Lisa Comingora\Carli\Administrative Complaints\Couta Sexton G1 G3 M\Couto AC.doc 2 Oct 31 2008 14:49 la/al/2aee ld:dd 8589219186 DEPR PAGE 86/88 overpayments. Also according to the terms of agreement, Respondent would pay said amount in full on or before December 7, 2007. 1l. Respondent has failed to refund any amount of monies to Sexton. _ COUNT _ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Based on the foregoing, Respondent violated section 489.129(1)(g)1, 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 valid liens have been recorded against the property of the contractor's customer for supplies or services ordered by the contractor for the customer’s job and the contractor has not had the liens removed from the property within 75 days after the liens were in place. COUNT TWO 14. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 15. Based on the foregoing, Respondent violated saction 489.129(1) (g)3, Florida Statutes, by committing mismanagement or GAOGCLisa Comingore\Carli\Administrative Complaints\Coute Sexton G1 G3 M\Coute AC.doc 3 Oct 31 2008 14:49 la/al/2aee ld:dd 8589219186 DEPR PAGE @7/ae misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 17. 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 ox 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), Florida Statutes, and/or any other relief that the GAOGC\Lisa Comingore\Carli\Administrative Complaints\Couto Sexton G1 G3 M\Couto AC.doc 4 Oct 31 2008 14:49 la/al/2aee ld:dd 8589219186 DEPR PAGE @8/ae Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. +h Signed this Z4 day of , 2008. PC Found: Tune 24, 2008 Div. I: Wilford & Thornton . ’ Lisa Liveze mingor Assistant General Counsel Florida Bar No: 822221 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile \ mrjassinns Remlatee nas pepartenant REpUTY “ih | DATE GAOGC\Lisa Comingore\Carlii Administrative Complaints\Couto Sexton GI G3 M\Coute AC.doc 5

Docket for Case No: 08-005470