Jul 2 2009 19:47 @?/@2/2689 19:41 8589219186 DEPR PAGE 3/11 aoe STATE OF FLORIDA “ee DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, Ve Case No. 2007-045581 ROBERT SULLIVAN, Respondent. ) ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT SULLIVAN, ("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 48%, 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 €1507939. 3. Respondent's last known addresses of record are 824 Garfish Avenue, New Smyrna Beach, FL 32169 and P. 0. Box 1233, St. Patersburg, FL 33731, GAOGC\Matthew Morton\Cases\Sullivan, Robert\2007-04558 l\Administrative Complaint - G2, I, J, O and M.dac I Jul 2 2009 19:47 @?/@2/2689 19:41 8589219186 DEPR PAGE 4/11 4. At all times material hereto, Responsent was doing business as Sullivan Design Associates, LLC (“SDA”). SDA has been appropriately qualified as required, receiving a certificate of authority and license QB 39210. 5. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization aré 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 February 22, 2006, SDA entered into a contract with Vito Panzella ("Panzella") in the amount of $5,483.00 to build a screen enclosure for the residence located at 1282 Slash Pine Circle, West Palm Beach, Florida. 7. Panzella paid a total of $1,809.39 to SDA with the initial payment of $1,809.39 being paid to SDA on ox about March 14, 2006. 8. The contract did not contain the necessary notice to advise Panzella of the Homeowners’ construction Recovery Fund. 9. Respondent failed to apply for or otherwise obtain a permit to complete the work pursuant to the contract with Panzella. 10. Neither SDA nor Respondent began or completed the contracted work. G:AOGC\Matthew Morton\Cases\Sullivan, Robert\2007-045581\Administrative Complaint ~ G2, I, J, 0 and M.doc 2 Jul 2 2009 19:48 @?/@2/2689 19:41 8589219186 DEPR PAGE 5/11 11. Wo amount—of monies paid by Panzelre to SDA has been refunded. 12. Based on the amount of work completed, the amount of ‘monies received by Respondent was in excess of the amount of work completed by Respondent. 13. Panzella hired another contractor to complete the ‘job after Respondent’s abandonment. 14. Panzella paid a total of $4,326.39 above the original ‘contract price to have the work completed. COUNT ONE 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth jherein. 16, Section 489.1425(1), Florida Statutes, requires that a contractor must provide written notice to the consumer of the Florida, Homeowners’ Construction Recovery Fund. 17. Based on the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, “Plorida Statutes, or violating a rule or lawful order of the beard, by having violated section 489.1425(1), Florida Statutes. GAOGC Matthew Morton\Cascs\Sullivan, Robert\2007-04558]\Administrative Complaint - G2, I, J, O and M.doe 3 Jul 2 2009 19:48 arfa2/2ae9 19:41 8589219186 DEPR PAGE 46/11 ae COUNT Two to 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 19. Section 489.126(2) (a), Florida Statutes, requires that a contractor must apply for a permit within thirty (30) days of receipt of payment in excess of 10% of the contract price. “20. Respondent received approximately 69% of the contract price on or about March 14, 2006 and failed to apply for a permit within thirty (30) days of receipt of that money. 21. Based on the foregoing, Respondent violated section 489.129(1) (i), Florida ‘Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.126(2)(a), Florida Statutes. COUNT THREE 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. GAOGC\Matthew Morton\Cases\Sullivan, Robert\2007-04558 1\Administrative Complaint = G2, 1, J, O and M.doe 4 Jul 2 2009 19:48 arfa2/2ae9 19:41 8589219186 DEPR PAGE 7/11 23. 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. COUNT FOUR 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 25. Based on the foregoing, Respondent violated section 489.129(1)(g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct eccurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s Mismanagement or misconduct in contracting, GAOGC\Matthew Morton\Cascs\Sullivan, Robett\2007-04558 1\Adminiatrative Complaint - G2, t, J, O and M.doc 5 i Jul 2 2009 19:48 a7/ 82/2889 19:41 8589219186 DEPR PAGE 98/11 ao COUNT FIVE ee 26, . Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 27. Based on the foregoing, Respondent violated section 489.129(1) (3), Florida Statutes, by abandoning the 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 falls to perform work without just cause for 30 consecutive days. COUNT SIX 28. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 29. Based upon the foregoing, the Respondent violated Section 489.129(1) (ce), Florida Statutes, by failing to obtain the necessary permits, pass all inspections and finalize the necessary permits. COUNT SEVEN 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 29 as though fully set forth herein. GAOGC\Matthew Morton\Cases\Sullivan, Robert\2007-045 58 1\Administrative Complaint - G2, T, J, O and M.doc 6 Jul 2 2009 19:48 arfa2/2ae9 19:41 8589219186 DEPR PAGE 9/11 31. Based on-che foregoing, Respondent..-violated section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter. an Order imposing oné or more of the following penalties: place on probation, reprimand the licensee, .revoke, suspend, deny the issuance or renewal of the cartifieate or registration, require financial reatitution 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 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. 5 mb Signed this ZB day of , , 2008. cv gna . Matthew D, Morton \ \. as Assistant General Counsel x ¥ Florida Bar No: 0415332 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found: Ma : May 27, 20 Div. © Clark & Bose. GAOGC\Matthew Morton\Casca\Sullivan, Robert\2007-04558 l\Administrative Complaint « G2, I, J, O and M.doc

Docket for Case No: 09-003555PL