Jan 15 2009 10:29 @1/15/2889 11:21 8589219186 DEPR PAGE 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. 2008-011153 LAWRENCE LEE NORMAN, D/B/A Ashville Homes, LLC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction “Industry Licensing Board, against LAWRENCE LEE NORMAN, ("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 Building Contractor in the State of Florida, having been issued license number cBC 54051, which is in current and active status. GAOGC\FortunastNew Format Admin, Complaints\Lawrence Norman, 489,129(1)(j)(m)(o}(i) Cagef 2008-01 1153.doe 24/36 Jan 15 2009 10:29 @1/15/2889 11:21 8589219186 DEPR PAGE 25/38 3. Respondent's last known addresses of record are 8137 Golden Bear Loop, Port Richey, Florida 34668 and 122 Boulder Drive, Norton Shores, Michigan 49444. ) 4. At all times material hereto, Respondent was doing business as Ashville Homes, LLC. (“Ashville”). 5. At all times material hereto, Respondent possessed a current certificate of authority, QB# 31545 as required by Section 489.119(2) Florida Statutes. 6, Section 489.1195({1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally vesponsible 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. 7. on or about July 18, 2005, Respondent entered into a contract with Michael & Karen Walby (“Walby”) to construct a town-home on the property located at 1972 Freedom Drive, Clearwater, Florida 33755, for $358,881.00. 8, ‘Respondent has been paid approximately $272,000 or approximately 76% of the contract price. 9, Respondent has completed approximately 308 of the Walby project. 10. Respondent last performed work on the project in August 2007. GAOGC\Forunas\New Format Admin. Complaints\Lawrence Norman, 489.) 29(1)G)m)(0}C1) Cased 2608-011 153.doc Jan 15 2009 10:29 Q@1/15/2089 11:21 8589219186 DEPR PAGE 26/38 il. Respondent has not performed any work on the Walby project since August 2007. 12. Respondent has failed to pay Subcontractor (s), resulting in liens being recorded against subject property owned by Walby. COUNT ONE 13. Fetitioner xealleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14. Based on the foregoing, Respondent violated Section 489.129(1)(g) (1), Florida Statutes, by allowing valid liens to be recorded against the property of Walby. COUNT TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by terminating the project without just cause, without proper notification to the owner, and by failing to perform work on the project for 90 consecutive days. GAOGC\Fortunas\New Format Admin, Complaints\Lawrence Norman, 489.1 25(1)G)(m)(0)(i} Caseif 2008-01 1153.doc Jan 15 2009 10:29 Q@1/15/2089 11:21 8589219186 DEPR PAGE 27/38 COUNT THREE 17. Petitioner realleges and incerporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 18. Based on the foregoing, Respondent violated Section 489.129(1) (9g) (2), Florida Statutes, by committing mismanagement er 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 FOUR 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.125(1) (m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing oné of more of the following penalties: place on probation, GAQGC\Fortunas\New Format Admin. Complaints\Lawrence Norman, 489,129(1}(](m)(o)(i) Case# 2008-01 1153.doe Jan 15 2009 10:30 @1/15/2889 11:21 8589219186 DEPR PAGE 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 Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this ad day of ‘a , 2008. PC Found: August 26, 2008 Div. L Bonuso & Thomton James Fortunas Assistant General Counsel Florida Bar No. 21635 Department of Business and L 7 ‘at Professional Regulation t 4 prtessons ROB? Office of the General Counsel enant ok BUSTER CY curr 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Telephone: (850) 488-0062 Fascimilie: (850) 321-9186 {Jadoo GAOGC\Fortunas\New Format Admin, Complaints\Lawrence Norman, 489.129(1 Mimo) i) Case# 2008-011153.doc 28/38

Docket for Case No: 09-000226