Aug 31 2009 12:26 PAGE @2/ae ge/sl/28e9 12:18 8589219186 DEPR Dapartment ef Bueitegs and Professional Regulator Deputy Agency Clerk CLERK Brandon Nichols Date 71612009 Filo # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2008-061663 NATHAN DUTCHER D/B/A POINT RESIDENTIAL LLC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against NATHAN DUTCHER ("Respondent") D/B/A’ POINT RESIDENTIAL LLC, ("Point") 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 licenge number coc 1512764, which is currently current and active. 3. Respondent's address of record is 6117 Cole Drive, Tampa, Fl, 33634. Document in Unnamed 1 Aug 31 2009 12:26 8/31/2689 12:18 8589219186 DEPR PAGE 83/88 4. At all times material hereto, Respondent was the current certificate of authority, QB number 52718. 5. on or about January 23, 2008, Larry Nance (“Complainant”) entered into a contract with Respondent d/b/a Point for repairs and renovations to the kitchen at the residential structure located at 3909 North Central Ave, Tampa, Florida 33604, 6. The contracted price for the construction was $6,762.00, of which Point accepted $11,762.00, agreeing to refund $5,000.00 to Complainant upon completion of the Project. 7. The contract did not contain a statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Pund. 8. Point abandoned the project by failing to perform work without just cause for 90 consecutive days. 9. At the time Point abandoned the project, the percentage of completion was less than the percentage of the total contract price paid by Complainant. 10. Respondent caused plumbing to leak and improperly and/or incompletely installed cabinetry. 11. To date, Respondent has failed to provide any amount of restitution to Complainant. Document in Unnamed 2 Aug 31 2009 12:27 8/31/2689 12:18 8589219186 DEPR PAGE 84/88 COUNT ONE lz. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489.119(6) (b), Florida Statutes, by failing to include each registration or certification number of each contractor or certificate of authority number for each business organization in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule used by the contractor or business organization in the practice of contracting. 14. Based on the foregoing, the 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, by violating Section 489.119(6) (b), Florida Statutes. COUNT TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 16. Section 489.1425, Florida Stetutes, states that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written Document in Untamed 3 Aug 31 2009 12:27 ge/sl/28e9 12:18 8589219186 DEPR PAGE @5/@8 statement explaining the consumer's rights under the Florida Home Qwners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 17. Based on the foregoing, Respondent violated section 482.129(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 489.1425, Florida Statutes. COUNT THREE 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 19. Based upon the foregoing, the 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 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 20. Petitioner realleges and incorporates the allegations Document in Unnamed . 4 Aug 31 2009 12:27 8/31/2689 12:18 8589219186 DEPR PAGE 86/88 set forth in paragraphs one through eleven as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 489.129(1) (5), 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 29 consecutive days. 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 23, Rule 6164-17.001(m)2, Florida: Administrative Code, provides that misconduct or incompetency in the practice of. contracting, shall include but is not limited to violation of any Provision of Chapter 61G4, F.A.c., or Chapter 489, Part I., F.S, 24. Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G4-17.001(m)2, F.A.c. Document in Unnarned 5 Aug 31 2009 12:27 8/31/2689 12:18 8589219186 DEPR PAGE 87/88 WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, teprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 pear violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this 5 day of July, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Kyle Christopher Kyle Christopher Assistant General Counsel Florida Bar No. 40853 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 PC Found: 06/18/09 PCP Members: Evetts/Kane Document it Unnamed 6

Docket for Case No: 09-004738