STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION T DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No 2007-054255 Ve DAVID PETER HARTLEY, D/B/A WILCOX CONSTRUCTION OF AMERICA & WILCOX HOMES OF FLORIDA, INC. Respondent. . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT “OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against DAVID PETER HARTLEY,. (“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 CGC 1508066 that. is current and active. G:\OGC\Fortunas\New Format Admin. Complaints\David Peter Hartley , 489.129(1 (a) Case# 2007-054255.doc ez/OT Fad Ada SSBTETé6aS8 EG:Pl 6802 /eT/8e ZLipl 6002 ZT Bry 3. Respondent's last known address of recerd is 255 N.W. 113% Circle Ocala, Florida 34452. 4. On or about March 24, 2004, in an application for a General Contractors license, Respondent submitted an application for the same to the Florida Department of Business and Professional. Regulation (“Department”) . 5. On the application for the license Respondent F) represented to the Department that he had never been convicted of a crime, found guilty, or entered a plea of guilty or no contest. 6. On the application, Respondent answered “No” to the following question, cited in pertinent part: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) to, even if you received a withhold of adjudication? This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor, without regard to whether you were placed on probation, had adjudication withheld, were paroled or pardoned. 7. On or about October 2, 2007, pursuant to an investigation, following Respondent’ s “arrest by the United States Border Patrol, it was discovered. that Respondent has an arrest record of offenses, dating from 1973 through 1997, of which inelude sixteen (16) convictions for various criminal violations, GAOGC\Fortunas\New Formut Admin. Complaints\David Peter Hartley, 489.1 29(1)(a) Case# 2007-054255.doc Ee/TT Fad Ada SSBTETé6aS8 EG:Pl 6802 /eT/8e ZLipl 6002 ZT Bry 8. Section 489,129(1) (a) Florida Statutes,. specifically prohibits “Obtaining a certificate, registration, or certificate of authority by fraud or misrepresentation.” 9, Respondent violated Section 489.129(1) (a), Florida Statutes, by providing false information on. his license application submitted to the department; March 24, 2004, thereby obtaining a certificate ox registration, license CGC 1508066, by fraud or misrepresentation. 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, 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. G:AQGC\Fortunas\New Formut Admin. Complaints\David Peter Hurtley, 489,129(1)(a) Cuse#t 2007-054255.doc Ee/eT Fad Ada SSBTETé6aS8 EG:PT 6802 /eT/8e Slipl 6002 ZT Bry ' Signed this ZT day of i 26, 2008 PC Found: August 2°, "Div. I: Bonuso & Thomton \ L ED Regulation , 2008, es Fortunas Fl. Bar No. 21635 Assistant General Counsel 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 GAOGC\Fortunas\New Format Admin. Compluinis\David Peter Hartley, 489.129(1}(a) Case# 2007-054255.doc EZ/ET FoWd Sbitl eo0Z zt ny dad 98TbTcbese EBIPT baa /ZT/88

Docket for Case No: 09-004285