Mar 20 2009 15:33 aa/ 26/2889 15:38 8584146749 DEPR OGA PAGE 83/87 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. 2006-035459 MARWAN AHMED EL SAYYED, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARWAN AHMED EL SAYYED, ("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 C1504536, which is current and active. 3. Respondent's last known addresses of record are 2753 Joseph Circle, Oviedo, Florida 32765 and 300 East Highway 50, Clermont, Florida 32765, . 4. Atall times material hereto, Respondent was the primary qualifying agent for Bay Area Custom Builders, LLC, ("BACB"), which has been issued Certificate of Authority number QB 54198, which is current. 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 Mar 20 2009 15:33 aa/ 26/2889 15:38 8584146749 DEPR OGA PAGE 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 November 15, 2004, Respondent entered into a contract with Mildred Haltiwanger ("Complainant") to re-toof two properties located at 1608 Bridgeview Circle, Orlando, Florida, and 2032 Bridgeview Circle, Orlando, Florida, for a contract price of $11,470.00 of which Respondent accepted the full amount. 7. Respondent proceeded on the job when no permit had been issued for the project. 8. Respondent failed to obtain a final inspection for the project. COUNT I 9. Petitioner tealleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 10. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain any inspections, including a final inspection on the project. COUNT TI 11. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 8 as though fully set forth herein. 12. Based on the foregoing, Respondent violated Section 489,129(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 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 $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any oF all penalties delineated within Section 455.227(2), ad/ay Mar 20 2009 15:33 aa/ 26/2889 15:38 8584146749 DEPR OGA PAGE 85/87 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 is 4 yor Duto-d-— _ 2007. PC Found: December 4, 2007 Div. I: Del Vecchio & Cox COUNSEL FOR DEPARTMENT: Tiffany A. Harrington Assistant General Counsel FBN 26202 ft E D Department of Business and Professional Regulation Office of the General Counsel : 1940 N. Monroe Street, Ste. 42 . Pyandn : Tallahassee, FL 32399-2202 CLERK . a DATE \2- 20 Case No; 2006-035459

Docket for Case No: 09-001523PL