Jun 1? 2009 15:54 PAGE 83/15 FILED Department of Busines exo Profeatonal Ragilation 6/17/2689 15:48 8589219186 DEPR - al AGENCY CLERK CLERK, Sarah Wachman Bete 2419/2009 Fila t 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. 2007-064804 ELDREDGE ROSS SESSOMS ITI, D/B/A PERFORMANCE CONTRACTORS CORP., Respondent. ADMINISTRADIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ELDREDGE ROSS SESSOMS IIT, ("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 C62060. 3. Respondent's last known address cf record is 4630 South Kirkman Road #789, Orlando, Florida 32811. GAOGCATIffany HartingonkLaToyin\AC\iidredae Sessoms 2007-064804(, 126(2)(92)(})(MNAC.doc L Jun 1? 2009 15:54 Be/17/28e9 16:48 8589219186 DEPR PAGE @4/15 4. At all times material hereto, Respondent was doing business as Performance Contractors Corporation (“PCC”), 3. 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 fer each specific job. 6. On or about October 5, 2006, Respondent, d/b/a PCC, entered into a contract with Virginia Lewis-Whittington ("Complainant") to construct a residential room addition at her residence lecated at 6512 Kristin Court, Orlando, Florida 32818. vi The total contract price was $39,000, of which Respondent accepted a total of $10,000. 8. PCC failed to apply for or obtain permits. 9. PCC failed to commence construction on the project. 10. PCC abandoned the project. 11. At the time of abandonment, the percentage of work completed by PCC was less than the percentage paid for the work. COUNT ONE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. GAOGCATiffany Harrington\LaToyia\AC\Eldredge Sessoms 2007-064804(,126(2)(22))GM)\AC. doc 2 Jun 1? 2009 15:54 Be/17/28e9 16:48 8589219186 DEPR PAGE 5/15 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, westoration, improvement or construction to residential real Property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require 2a 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. 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 léss that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is antitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the jeb is abandoned. GAOQGC\Tiffany Ratringtor\LaToyia\AC\Eldredge Scasorms 2007-064804(.126(2)(22)})(m)\AC.doc 3 Jun 1? 2009 15:55 Be/17/28e9 16:48 8589219186 DEPR PAGE 6/15 COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. .7. 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 te 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 Gonstruction 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 GAOGC\Tiffany Narrington\LaToyia\AC Eldredge Scasoms 2007-064804(.1 26(2)(B2)G (MAC. doe 4 Jun 1? 2009 15:55 Be/17/28e9 16:48 8589219186 DEPR PAGE @7/15 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 Florida Bar No. 2620? Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 : 27, 2009 (850) 488-0062 Telephone PC Fount: vomeey/shectan (850) 921-9186 Facsimile Division tes GAOGC\Tiffany Harrington\LaTayia\AC\Eldredge Sessoms 2007-064804(.126(2)(22)¢j)(m)\AC.oc 5

Docket for Case No: 09-003328