STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISTON I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2008-017911 DAVID PETER HARTLEY, D/B/A 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 1513013, which is in current and active status. 3.. Respondent's last known address of record is 255 NW 113° Circle, Ocala, Florida 34452, GAOGC\Fortunas\New Format Admin. Complaints\David Hartley, 489.129(1)(g)G)(m)(i} Case# 2008-01791 1 doc ] Be/9T Said dad 98TbTcbese Ea+PT 6a2/eT/oe litt 600z ZT Bny 4. At all times material hereto, Respondent was doing business as Wilcox Homes of Florida, hereinafter (“Wilcox”). 5. At all times material hereto, Respondent possessed a current certificate of authority as required by Section 489.119(2) Florida Statutes, Qualified Business License #53376, . 6. 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. 7. On or about July 2, 2007, Respondent entered into a contract with Jimmie & Paula Miller, hereinafter (“Miller”) to construct a single family residence on property identified as Lot 5, Block C, Dorchester Estates, Marion County, Florida. 8, The total contract price was $420,000.00, of which Respondent has been paid approximately $247,283.90. 9. Respondent failed to pay the following subcontractors er suppliers: Universal Forest Products, All County Flumbing, Manning Building Supplies, Lou’s Concrete, Fort King Street Masonry, for services rendered and/or materials supplied to the Miller project. 10. Respondent’s failure to pay above subcontractors’ resulted in liens being filed on Miller’s property. GAQGC\Fortunas\New Format Admin. Complain\David Hartley, 489.1290) (g)G)Gnyi) Cased 2008-01791 1.doc 2 Ee/étT Fed Ada SSBTETé6aS8 EG:PT 6802 /eT/8e litt 600z ZT Bny ll. Respondent performed approximately thirty percent of the work contracted for 12. Respondent last performed work on the Miller’s home on December 29, 2007, and thereafter performed no work on Miller’s project. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14, 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 présumed 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 TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1)(g)(1), Florida Statutes, by committing mismanagement er misconduct in the practice of contracting that causes GAOQGC\Fortunas\New Format Admin. Complaints\David Hartley, 489.129(1)2)())(mj(j), Case4# 2008-01791 1.doc 3 Ee/aTt Fad Ada SSBTETé6aS8 EG:Pl 6802 /eT/8e litt 600z ZT Bny financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job. COUNT THREE 17. Petitioner realleges and incorporates the allegations set forth in paragraphs. 1 through 12 as though fully set forth herein. 18. 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 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, reguireé 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:\OGC\Fortunas\New Format Admin, Complaints\David Hartley, 489.129(1@)()@nj)G@) Case# 2008-01791 1.doe 4 Ee/6T Fed Ada SSBTETé6aS8 EG:Pl 6802 /eT/8e litt 600z ZT Bny Signed this 2b day of , 2008. PC Found: August 26, 2008 y= pm Div. |: Bonuso & Thornton amés Fortunas Assistant General Counsel Florida Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. ator L vofeasionel Reet! 42 Tallahassee, FL 32399~ ness 2 pepartsnent a BuGENCY CLERK 2202 GAOGC\Fortunas\New Format Admin, Complaints\Qavid Hartley, 489.129(1){2)(j)(my(i), Case# 2008-01791 1 doc 5 Ee/ae Fotd Ada 98T6Tcbase Ea‘PT 6aa2/eT/oa Slipvl 600% ZT Bry

Docket for Case No: 09-004286