Apr 2 2009 11:56 B4/O2/2089 11:52 8589219186 DEFR PAGE 4/16 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-05246] ELDREDGE ROSS SESSOMS III, D/B/A PERFORMANCE CONTRACTORS 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 charced 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 heen 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. GAOGC\Tiffany Harrington\LaToyia\AC\Eldredge Ross Sessoms 2007-052461(.126(2)(g2){j)(M)\AC. doc i Apr 2 2009 11:56 a4/o2/2689 11:52 8589219186 DEPR PAGE 85/16 4. At all times material hereto, Respondent was doing business as Performance Contractors Corporation (“PCC”). By 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 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 June 8, 2005, Respondent, “d/b/a PCC, entered into a contract with Thomas Mccarthy ("Complainant") for the installation of residential hurricane storm shutters and other home improvements at Complainant's home located at 31144 Nocatee Trial, Sorrento, Florida 32776. 7. The total contract price was $20,027.00, of which Subject accepted $10,014.00 (50%). 8. PCC failed to begin work on the project. 9. PCC abandoned the project. 10. At the time of abandonment, the percentage of work completed by PCC was less than the percentage paid for the work. 11. PCC failed to obtain necessary permits. COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. GAOGC\Tiffatry Harrington\LaToyia\ACi\Eldredge Ross Sessoms 2007-05246 1(.126(2)(22)]{M)\AC.doc 2 Apr 2 2009 11:56 @4/a2/2889 11:52 8589219186 DEPR PAGE 46/18 13. Section 489.176(2), Plorida 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 permits necessary to do work within 306 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 930 days after the date all necessary permits for work, if any, are issued. 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) (g) (2), Florida 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 GAOGC\Tiffany Harrington\LaToyta\AC\Eldredge Ross Sessoms 2007-052461(. 126(2)(g2)G)(M)\AC. doe 3 Apr 2 2009 11:57 @4/a2/2889 11:52 8589219186 DEPR PAGE @7/1a COUNT THREE 16. Petitioner realleges and incorporates the allegations set: forth»in “paragraphs 1 through 11 as though fully set forth- herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(j), 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 for termination, or fails to perform work without just cause for 90 consecutive days, 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 cr 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 GAOGC\Tiffany Harrington\LaToyia\AC\Eldredge Ross Sessoms 2007-05246 1(.126(2)(22))(M)\AC. doe 4 Apr 2 2009 11:57 @4/a2/2889 11:52 8589219186 DEPR PAGE 88/18 restitution te 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 Z day of , 2008. PC Found: December 2, 2008 Div. I: Stewart & Sheehan Assistant General Counsel Florida Bar No. 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile FILED Department of Business and Professional Regulatio _ DEPUTY CLERK CLERK MpTlishole ome 12-10-2008" GAOGC\Tiffany Harrington\LaToyia\AC\Eldredge Ross Sessoms 2607-05246 1(.126(2)(22)G)(M)\AC. doe 5 Apr 2 2009 11:57 @4/a2/2889 11:52 8589219186 DEPR 390 NoRTH ORANGE AVENUE Sure tang) On), aNod. FLORIDA 32801 P.O, Box 4941 (32802-4961) FELEPHONE:; 407,839.4200 Facsimive: 407.425.8377 www. broadandeassel.com BROAT ans CASSEL JEREMY T. SPRINGHART ATTORNEYS AT LAW Oirect FacsimMice: (407) 650-0976 EMAIL: fsptinghart@broadandeastel.com December 29, 2008 RECEIVED JAN = 2009 "Via facsimile and First Class U.S. Mail OFFICE OF GENERAL COUNSEL. (850) 921-9186 Tiffany Amber Harrington, Asst. General Counsel FL Department of Business & Professional Regulation Office of the General Counsel Construction Industry Licensing Board 1)40 North Monroe Street, Suite 42 Tallahassee, FL 32399-2202 Re: Eldredge Ross Sessoms, III and Proformance Contractors Corp. Service of Administrative Complaints Case Nos... 2007-052461 2008-001409 B&C File No.: 40846-0008 Dear Ms. Hartington: We are in receipt of the two (2) above-referenced Administrative Complaints against Eldgredye Ross Sessoms, II] and Performance Contractors Corporation. Please be advised that we do not represent either Mr. Sessoms or Performance Contractors Corporation. By copy of this letter, we are forwarding the Administrative Complaints to Mr, Sessoms at his last known address. Thank you for your time and attention to this matter. Very truly yours, BROAD AND CASSEL Jeremy ringhart ITS:vfi cc: Eldredge Ross Sessoms, III c/o Performance Contractors Corp. 140 E. Grant Street Orlando, FL 32806 BOCA RATON + DESTIN + FT. LAURDERDALE + MIAMI + GRLANQO + TALLAHASSEE + TAMPA « WEST PALM BEACH PAGE 89/14 Apr 2 2009 11:57 O4/@2/2089 11:52 8589219186 DEPR PAGE 16/18 Page 1 of 2 tarrington Tiffany From: Jeremy Soringhart Iisprnghart@broadandcassel com] Sent: Thursday, October 23, 2008 3:02 PM To: Harrington, Tiffany Subject: RE: Sessoms Follow Up Flag: Follow up “lag Status: © Campleted at is correct. _ Jeremy T. Springhart, Esq. 390 NoRTH ORANGE AVENUE Surre 1400 ORLANDO, FL 32801-4961 “ TELEPHONE: (407) 839-4206 SST Facsimice: (407) 425-8377 UN TIOREYS Ae BIO DIRECT LINE:. (407) 839-4226 Direct FACSIMILE: (407) 660-0976 &-MAIL: jopringhart@broadandcassel.corn mt Harrington, Tiffany [mailto: Tiffany Harrington@dbpr.state.fl.us] at: Thursday, October 23, 2008 8:23 AM Jeremy Springhart aject: Sessoms amy, 1 you confirm that your firm no longer represents Mr, Sessoms? He left me a voice message asking for me to him directly saying he was not using your firm. Ink you. *fany Amber Harrington istant General Counsel yartment of Business and Professional Regulation ide of the General Counsel 0) 414-8132 (direct) 0) 498-0062 (inain) 0) 921-9186 (fax) ‘ASE NOTE THAT FLORIDA HAS A BROAD PUBLIC RECORDS LAW AND ALL CORRESPONDENCE TO VIA EMAIL MAY BE SUBJECT TO PUBLIC DISCLOSURE

Docket for Case No: 09-001733