Apr 26 2010 13:56 @4/26/2818 1g:47 8589219186 DEPR PAGE 3/13 FILED Gepartment of fassiness and Professional Regulation Deputy Agency Clerk CLERK Branden Michals Doe 2123/2010 File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & IT DEPARTMENT: OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No... 2009-013905 SHANE KEVIN CLEMENT, D/B/A Atlantic Coast Restoration, Ine., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against SHANE KEVIN CLEMENT, ("Respondent"), and says: a 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 1509361, which is in Current, Active status. In addition, Respondent is, and has been at all material times hereto, a Certified Reofing Contractor in Document in Unnamed 1 Apr 26 2010 13:56 @4/26/2818 1g:47 8589219186 DEPR PAGE @4/13 the State of Florida, having been issued license number ccc 1326034, which is in Current, Active, Status. 3. Respondent's last known address of record is: 4126 Leeward Point, Jacksonville, Florida 32225. 4. At all times material hereto, Respondent was the primary qualifying agent for “and doing business as Atlantic Coast Restoration, Inc. 5. At all times material hereto, Respondent possessed a current Certificate of Authority as required by Section 489.119(2), Florida Statutes. 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 May 4, 2008, Respondent entered into a contract with Stanley Abrahamson (“Abrahamson”) for residential improvements to a property located at: 9041 Nw 10° Place, Plantation, Florida 33322. 8. Respondent and Abrahamson contracted for a residential addition. 9, The total contract price was approximately $50,600.00, Toenment in Unnamod 2 Apr 26 2010 13:56 @4/26/2818 1g:47 8589219186 DEPR PAGE 5/13 10. Abrahamson paid Respondent $7,590.00, or 15% of the contract price on or about May 4, 2008, via check number 2615, 1. Respondent did not obtain a permit for the project. 12. Respondent failed to provide notice to Abrahamson of the Florida Homeowners’ Construction Recovery Fund in the contract for the project. 3. From May 4, 2008, through November 17, 2008, Respondent has failed to perform any work on the Abrahamson project pursuant to the contract. 14. The project contracted for by Respondent is at zero percent (0%) completion. COUNT ONE 15. Fetitioner realleges and incorporates the allegations set forth in paragraphs i through 14 as though fully set forth herein. 16. Based om the foregoing, Respondent violated Section 489.129(1) (4), Florida Statutes. Document in Unnamed 4 Apr 26 2010 13:56 @4/26/2818 1g:47 8589219186 DEPR PAGE 46/13 COUNT TWO 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 18. Based on the foregoing, Respondent violated Section 489.129(1) (g)2, Florida Statutes. COUNT THREE 192, Patitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. . 20, Section 499.1425, Florida Statutes, provides in part that: any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the recovery fund... 21. Based on the foregoing, Respondent violated Section 499,129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a Yule or lawful order of the board by violating Section 489.1425, Florida Statutes. COUNT FOUR 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth harein. Document in Unnamed 4 Apr 26 2010 13:56 @4/26/2818 1g:47 8589219186 DEPR PAGE 7/13 23. Section 489,126(2) (a), Florida Statutes, provides in part that: A contractor who receives, as an initial payment, money totaling more than 10 percent of the contract Price for repair, restoration, improvement, or construction, to residential real Property wust: apply for permits necessary to do work within 30 days afterm.the date. payment is made. 2a. Based on the foregoing, Respondent violated Section 499.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by violating Section 499.126(2) (a), Florida Statutes. COUNT FIVE 25, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 26. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud or deceit in the practice of contracting. COUNT SIX 27. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 28. Section 455.227(1) (a), Florida Statutes, prohibits: Making misleading, deceptive, or fraudulent representations in or related to the practice of the licnsee’s profession. Document in Unnamed 5 Apr 26 2010 13:57 @4/26/2818 1g:47 8589219186 DEPR PAGE 8/13 29. Based on the foregoing, Réspondent violated Section 489.129(1) (¢), Florida Statutes, by violating Section 455.227(1) (a), Plorids Statutes. COUNT SEVEN 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein, 31. Section 455.227(1) (1) (k), Florida Statutes, prohibits: Pailing to perform any statutory or legal obligation placed upon a licensee, 32. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (k), Florida Statutes. COUNT EIGHT 33. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 34. Section 455,227(1) (1) (m), Florida Statutes, prohibits: Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. "35, Based on the foregoing, Respondent violated Saction 489.129(1) (c), Florida Statutes, by violating Section 455.227 (1) (m),' Florida Statutes. COUNT NINE Document in Varmmed . 6 Apr 26 2010 13:57 @4/26/2818 1g:47 8589219186 DEPR PAGE 89/13 36. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 37. 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, 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. Document. in Unnamed 7 Apr 26 2010 13:57 @4/26/2818 1g:47 8589219186 DEPR PAGE 18/13 Signed this 26" day of January, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Requlation By: james Fortunas James Fortunas Assistant General Counsel, Fl. Bar No. 21635 Department of Business and Professional Regulation Offices of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, Fl 32399-2202 PC Found: 01/26/2010 Members: Chung/Kane Pietanga/Watts uF Dooument in Unnamed , g O4/26/ 2818 Apr 26 2010 la: 4? 8589219186 DEPR PAGE NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted — in accordance with Sections 120.569 and 120.57, Florida Statutes, to ba represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or har behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the cage excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Document in Unnamed 9 11/13

Docket for Case No: 10-002273