Aer 1 2009 11:57 94/81/2889 11:53 ase9z191P~., . DBPR ° la 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. 2007-014379 ELDREDGE ROSS SESSOMS III, D/B/A PERFORMANCE Cuwis'RACTORS CORP., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ELDREDGE -ROSS SESSOMS III, ("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 155 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 C62060. . 3. Respondent's last known address of record is 4630 South Kirkman Road #789, Orlando, Florida 32811. CAOOCNT Ffany Harringtan\aCs\Eldredge Ross Sessoms tf! 2007-015379 (n2){j){o}(m)\AC. dec 65/11 Apr 1 2009 11:58 84/81/2889 11:53 8589219187. DBPR cs 4. At all ‘times. material hereto, Respondent was the primary qualifying agent for Performance Contractors Corp. ("PCC"), 5. Respondent failed to’ properly qualify PCC as Certificate of Authority number QB 16659 has been null and void since 2003. 6. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying ayents 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. . 7, On or about October 17, 2005, PCC entered into a contract with Beverly Davenport ("Complainant") to construct an addition at Complainant’s residence located at 861 Carver Street, Winter Park, Florida. . 8. The total contract price was $129,976.00, of which PCC accepted $132,000.00. 9. PCC abandoned the project prior to completion. 10. At the time of abandonment, the percentage of work completed by PCC was less than the percentage paid for the work, 11. ‘Respondent failed ta have the project pass final inspection. GAOQGC\Tiffany Horrington\ACs\Eldredge Ross Sessoms Ut 2007-014379 (22)G)Ca)(m\AC doc 2 PAGE 66/11 Apr 1 20 : Q4/81/2869 11:53 858921919. DEBPR ° ae meee 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) (2), Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a _ customer. Financiai mismanagement or misconduct occurs when the contractor has abandoned a customer's jcb 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 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 Section 489.129(1) (4), Florida Statutes, by abandoning a 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 GAOGC\Tiffany Harrington\ACs\Eldrcdge Ross Sessoms (1 2007-014379 (n2\j(o)(m)\aC.doc 3 PAGE @7/11 Apr 1 2009 11:58 04781/2889 11:53 © 85@9219}~., DBPR cy far termination, or fails to perform work without just cause for 30 consecutive days. COUNT THREE 16, Petitioner realleges and incorporates the allegations set forth in paragraphs i through 11 as though. fully set forth herein. . 17. Based on the foregoing, Respondent violated Section 489.129(1) (0), Florida Statutes, by failing to have the project pass final inspection COUNT FOUR 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 19. 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, GAOGCT any Harrington\ACs\Eldredge Ross Scssamss 11) 2007-014379 (22)G)(a)(m)\aC.doc ; 4 PAGE 88/11 _ Apr 1 2009 11:58 84/81/2849 11:53 658921918". DBPR cc, PAGE @9/11 G3 i 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. th Signed this ZU7~ aay of , 2008. PC Found: June 24,2008 O Div. I; Wilford & Thornton Yif¥any Amber /Harrington ‘Assistant General Counsel Florida Bar No. 26202 ; - Department of Business and . . Professional Regulation . Office of the Geneyal Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 ~ (850) 488-0062 Telephone (B50) 921-9186 Facsimile GAOGCATi Many Harrington\ACs\Eldredge Rong Sessoms Ili 2007-014379 (22)Mo)mNAC.dac 5 Apr 1 2009 11:59 04/81/2889 11:53 856921917 DBPR ry PAGE 18/11 490 Nivel Chante Aven, purr 14tin OALANAD, FLrittiza 232A Pt), dow 4961 (12802-4901) ¥ Internat: 407 819 aztt Farsimilti 407 425 1177 B OAD inp CASSEL www Benaitinttensgel.eom “ares 7 _ AGRREMY T. SPRINGIAIOL ATTORNEYS AT LAW Dive Bae 3 (407) 650-0976 Roates jspringtiord fllyrandandcaraclcam December 29, 2008 RECEIVED JAN 6 2009 Via facsimile and First Class U.S. Mail OFFICE OF GENERAL COUNSEL, (8.50) 921-9186 Tiffany Amber Harrington, Asst. General Counsel FL. Department of Business & Professional Regulation Oftice of the General Counsel _ Construction Industry Licensing Board 1940 North Monroe Street, Suite 42 Tallahassee, FL 32399-2202 Re: Eldredge Ross Sessoms, JI and Proformance Contractors Corp. Service of Administrative Complaints Case Nos.: — 2007-052461 2008-001 409 B&C File No.: 40846-0008 Dear Ms, Harrington: this letter, we are forwarding the Administrative Complaints to Mr. Scssoms at his last known address, Thank you for your time and attention to this matter. Very truly yours, BROAD AND CASSEL ITS:vfa cc: fildredge Rosy Sessoms, IIT c/o Performance Contractors Carp. 140 E. Grant Street Orlando, FL 32806 BOCA RATON © DESTIN = rT LALIDERDALT - Miamt- ORLANDO © ‘TALI AIASSER ~ TAMPA + WEST PAIM ARACIE ORL UGOMMLITH# 224880 1 A0N46/0008 ITS vin TAEOIZOOF 4:38 PM Rpr 1 2009 11:59 84/01/2889 11:53 g5892191"~ . DBPR : PAGE 11/11 ut Page 1 of 2 Harrington, Tiffany . - From: Jeremy Springhart [ispringhart@broadandcasse}.com| Sent: Thursday, October 23, 2008 3:02 PM To: Harrington, Tiffany Subject: RE: Sessoms Follow Up Flag: Follow up Flag Status: | Completed That is correct. _ Jeremy T. Springhart, Esq, . 390 NORTH ORANGE AVENUE Suite 1400 ORtanng, FL 32801-4961 TELEPHONE: (407) 839-4200 FACSIMILE: (407) 425-8377 BIO DIRECT Ling’.(407) 839-4226 DIRECT FACSIMILE; (407) 650-0976 E-mal. jspringhart@broadandcassel.com From: Harrington, Tiffany [mailto:Tiffany.Harrington@dbpr.state.fl.us] Sent: Thursday, October 23, 2008 8:23 AM Ta: Jeremy Springhart Subject: Sessoms Jeremy, Can you confirm that your firm no longer represents Mr. Sessoms? He left me a voice message asking for me to call him directly saying he was not using your firm. Thank you. Tiffany Amber Harrington Assistant General Counsel Deparlment of Business and Protessional Regulation Office of the General Counsel : (850) 414-8132 (direct) (850) 488-0062 (main) (850) 921-9186 (fax) PLEASE NOTE THAT FLORIDA HAS A BROAD PUBLIC RECORDS LAW AND ALL CORRESPONDENCE TO ME VIA EMAIL MAY BE SUBJECT TO PUBLIC DISCLOSURE | . 10/27/2008

Docket for Case No: 09-001685