Now 24 2008 3:40 llf/2d/28e88 89:35 8589219186 DEPR PAGE 25/38 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. 2007-067015 DAVID PEERS, Raspondent. ) ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction industry Licensing Board, against JOBSON PEERS, ("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 Cartified Building Contractor in the State of Florida, having been issued license number CB C024128. 3. Respondent's last known address of record is 12230 Orange Blvd., West Palm Beach, FL 33412. 4. At all times material hereto, Respondent was doing business as Bayshore Construction Group Ine. (“BCG”). BCG has not been appropriately qualified as required. GAOGC\Matthew Morton\Cases\Peers, David\2007-067015\Administrative Complaint - G2,J ang M - Div Ldoe 1 Now 24 2008 3:40 llf/2d/28e88 89:35 8589219186 DEPR PAGE 26/38 5. Section 59.1195 (2) (a), Florida ob vatutes, 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 tatters, both for the organization in general and for each specific job. 6. On or about February 27, 2004, BCG entered into a contract with Michael and Delphia Sullivan: ("Sullivan") to build a new residence on the property located at 18469 48th Avenue North, Loxahatchee, FL 33470. 7. The total contract price, complete with change orders was $261,100.00, of which $261,100.00 was paid to BCG by Sullivan. 8. Part of the agreed upon work in the change orders included a screen enclosure for the amount of $8,000.00. 9. Sullivan paid the $8,000.00 on the basis that it would be kept in an escrow account and that if the screen enclosure was not completed within twelve (12) months time, the $8,000.00 would be returned to Sullivan. 10. The screen enclosure was not completed and the monies were not placed in an escrow account or otherwise returned to Sullivan. li. Based on the amount of work that was completed by Respondent, the amount of monies received by Respondent was in excess of the amount of work completed by Respondent. GAOGC\Matthew Marton\Cancs\Peers, David\2007-06701 5\Adiministrative Complaint - G2,J and M - Div I.doc 2 Now 24 2008 3:41 llf/2d/28e88 89:35 8589219186 DEPR PAGE 27/38 COUNT ONE 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. Bayshore Construction Group Inc. is not a qualified business as required by Section 489.119(2), Florida Statutes and has not maintained the necessary certificate of authority. 15. Respondent engages. in contracting in the name of Bayshore Construction Group Inc, 16. 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 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 TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. GAOGC\Matthew Morton\Cases\Peers, David\2007-067015\Administrative Complaint - G2,J and M - Div Ldoe 3 Now 24 2008 3:41 PAGE 28/38 llf/2d/28e88 89:35 8589219186 DEPR 18. Based on che foregoing, Respondent violated section 489.129(1)(g)2, Plorida 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 THREE 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) (4), Plorida 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 fox termination, or fails to perform work without just cause for 90 consecutive days. GAQGC\Matthew Morton\Cases\Peers, David\2007-067015\Administrative Complaint - G2,t and M - Div Idoc 4 11/24/2688 89:35 Now 24 2008 3:41 8509219186 DEPR COUNT Fote oo ee herein. 22, Based on the foregoing, Respondent violated section 489.129(1) (m), Plorida Statutes, by committing incompetence or Mismanagement in the practice of contracting WHEREFORE, Petitioner Tespectfully 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 Tenéewal of the certificate or registration, fequire financial restitution to a consumer, impose an administrative fine not to exceed $5,000 Per violation,. require continuing education, aSS€88 costs associated with investigation and Prosecution, impose any. or ail 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, CN orton\Cases\Pocre, Davi i ministrative Complaint - G2,] an = Div Ldoe Mi N AP David\2007-06701 Administrative Compl: G2} and M GAQGOMaiiew PAGE 29/38 Now 24 2008 3:41 llf/2d/28e88 89:35 8589219186 DEPR PAGE 38/38 Florida Statutes, i ‘i/or ghe rules promulgatec hereunder. Signed this (BL day of , 2008. PC Found: July 22, 2008 Div. I: Stewart & Sheehan Matthew D. Morton Assistant General Counsel Florida Bar No: 0415332 Department of Business and Professional Regulation Office of the General Counsel 1340 North Monroe Street, Suite 42 Tallahassee, Florida 323992202 (850) 488-0062 Telephone (850) 921-9186 Facsimile GAOGC\Matthew Morton \Cases\Peers, David\2007-067015\Administrative Compiaint - G2,J and M + Div Ldoe

Docket for Case No: 08-005862PL