eagle aM VE Tas EM pa Be Apr 2 2009 10:44 ad/a2/2889 le:da 8589219186 DEPR PAGE @4/ag STATE OF PLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2008-001409 ELDREDGE ROSS SESSOMS IIT, D/B/A PERFORMANCE CONTRACTORS CORPORATION, Respondent. ; ‘ADMINTSTRATIVE COMPLAINT petitioner, | DEPARTMENT “OF” . BtisINESS’ AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction industry bicensing Board, against ELDREDGE ROSS SESSOMS IIT, CRespondent") , and says! 1. Petitioner is the state agency charged with regulating the peactice ‘of Sontragting pursuant ‘to’ Section 20.165, Florida Statutes, and chapters 458 and 489, Florida Statutes. 2. Respondent, at all times material hereto, was a Cartified General Contractor in’ the State of Plorida,.- having been issued license number CG C6zZ060. . , 3. Respondent's last known address of record is 4630 South Kirkman Road #789, Orlando, Florida 32811. GAQGCATifany Harrington\LaToyia\AC\bldredae Ross Sessoms TL 2008-00 1409 (126(2)(mAAC. dos ! Apr 2 2009 10:44 ad/a2/2889 le:da 8589219186 DEPR 4. At all times’ material hereto, ‘Respondent was the primary qualifying agent for PERFORMANCE CONTRACTORS CORPORATION (MBCOM) ee 5. Respondent failed to properly ‘qualify pccoas certificate of Authority number QP 16659 has been null and void since 2003. 6. Section 489.1195 (1) (aye Florida 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 gpecific dob. 7. On ox about February LL 2006, ppc antered into a conkract with Dennis Frare ("Complainant") to construct a gesidential | room addition at Complainant’ Fy réaidence’ located at 1504 Lilly Oak circle, Gotha, Flonida 34734, 8. The- contract... ‘price was $92,259.08, of which Complainant paid $48,259.08 in total. 9. Although Complainant paid $23,259.08 (25%) on or around March 1, 2006, PPC failed to apply for a permit until June 29, 2006. 10. PCC failed to obtain: necessary perhits within 30 days after receiving more than 108 of the contract ‘price. 41. BCC failed to complete the project. GAOGCTSany HartingtontLaTayia\AC\Eldredge Ross Sessoms IT 208-001409 (1 26G2)(m)\AC.dos 2 PAGE @5/ag Apr 2 2009 10:44 PAGE 86/89 O4/@2/2089 16:48 8589219186 DEPR COUNT ONE 12. Petitioner Feallegas and incorporates the allegations gat | fork be dp paragraphs - 1 through 11 as though fully set: forth herein, 13. Section 489.126(2), Florida Statutes, states that a - contractor who receives, as an initial Payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real Property must apply for pérmits necessary to do work within 30 days after the date payment is Made, except where the work does not require a permit under the applicable Codes and ordinances, and must start work within “90 days after the date all necessary , permits for work, if any, are issued. 14. Based on the ae Ras spondent violated Section 489.129(1) (4), Florida Statutes, _by failing an any material respect ‘to comply with the provisions of Chapter 489, Part 1, Florida Statutes, or / violating a rule or lawful order of the hoard, by Aaving violated Section 489,126(2), Florida Statutes, , COUNT "THO 15, Petitioner realleges and incorporates the allegations set forth in Paragraphs 4 through il as though fully set forth herein. GiOGC\THEny Hartington\LaToyia\AC\Eldfedge Ross Sessoms ft 2008-001409 (126(2\m)\AC.dee 3 Apr 2 2009 10:44 ad/a2/2889 le:4a 8589219186 DEPR 16. Based on the foregoing, Respondent violated Seetion 489.3129(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 fellowing penalties: place on probation, reprimand the Jicensee, 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 “yielation, require continuing education, asBess costs. associated with “investigation and prosecution, impose ‘any or ali Senalties delineated ~ within» Saction 455.227(2), Florida Statutes, and/or’ any other relief that the Board ig authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 2 __ day of Daw __, 2008. : Aes fiaell “Assistant General Counsel ‘ AVE. ‘ Florida Bar No. 26202 Pyar di Apo Department of Business and oss YQ 3 \ere Professional Regulation Office of the General Counsel 1949 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found: December 2, 2008 Div. i: Stewart & Sheehan GAQGCUT Hany Marringtom\LaToyini AC Bldredge Ross Sessoms : 4 PAGE ar/ag Al 2 200 4 ad/a2/2889 le:da 8589219186 DEPR pr 2009 10:45 PAGE @8/ag 0p Nonyy ORANGE AVENUE Sarre 1400 Daanoo, Foniaa 12801 9,0. Hox 4961 (72802-4961) TeLarHome: 407.849.4200 Facsimte: 407.425.8377 www. broadandeassel.camt 3ROAT) nh CASSEL ATTORNEYS AT LAW © mecracsn een EMAL: jepringhart@tiroadandeassel.com December 29, 2008 RECEIVED JAN ~§ 2609 OFFICE OF GENERAL COUNSEL a facsimile and First Class U.S, Mail 50) 921-9186 ffany Amber Harrington, Asst. General Counsel , Department of Business & Professional Regulation fice of the General Counsel instruction Industry Licensing Board 40 North Monroe Street, Suite 42 Hlahassee, FL 32399-2202 Eldredge Ross Sessoms, III and Proformance Contractors Corp. Service of Administrative Complaints Case Nos; 2007-052461 2008-001409 B&C File No.: 40846-0008 Re: zar Ms. Harrington: We are in receipt of the two (2) above-referenced Administrative Complaints against dgredye Ross Sessoms, Ll and Performance Contractors Corporation. Please be advised that : do not represent either Mr. Sessoms or Performance Contractors Corporation. By copy of is letter, we are forwarding the Administrative Complaints to Mr, Sessoms at his last known dress. Thank you for your time and attention to this matter. Very truly yours, BROAD AND CASSEL "Sv fa Hidredge Ross Sessoms, {il c/o Performance Contractors Corp. 140 E. Grant Street Orlando. FL 372806 Apr 2 2009 10:45 ad/a2/2889 le:da 8589219186 DEPR Page | of 2 ington, Tiffany Jeremy Soringhar [spenghan@broadandeessel com] Thursday, October 23, 2008 3:02 PM Harrington, Tiffany eh RE: Sessoms y Up Flag: Falfow up Matus: Completed orrect. Jeremy T. Springhart, Esq. 390 NORTH ORANGE AVENUE Sure 1400 ORLANDO, FL 32801-4961 TELEPHONE: (407) 839-4200 FACSIMILE: (407) 425-8377 BIO DIRECT LINE: (407) 839-4226 Oirect FAcsimi.e: (407) 550-0876 E-MAIL: jepringher@broadandcassel,com irrington, Tiffany (mailto: Tiffany-Harrington@dbpr.state./. us| ureday, October 23, 2008 8:23 AM yy Springhart Sessoms ‘anfirm that your firm no longer represents Mr, Sessoms? He left me a voice message asking for me to rectly saying he was not using your firm. 4. Amber Harrington: General Counsel ant of Business and Professional Regulation the General Counsel |-8132 (direct) 3-0062 (main) .-9186 (fax) 1OTE THAT FLORIDA HAS A BROAD PUBLIC RECORDS LAW AND ALL CORRESPONDENCE TO MAIL MAY BE SUBJECT TO PUBLIC DISCLOSURE PAGE @9/ag

Docket for Case No: 09-001732