FILED Supartment of Bailes and Profeasiuial degulatiqn Deputy Agency Clerk CLERK Brandon Nichols Date 4/20/2010 File STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & TI DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION, Petitioner, Vv. Case No. 2009-049123 ROBERT C. HAYNES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT HAYNES ("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, a Certified General Contractor and a Certified Pool Contractor, in the State of Florida, having been issued license numbers CGC 062355 which is current, active and CPC 1457575, which ig current, inactive. 3. Respondent's addresses of record are 230 B@TfEa Fad dad 98TbTcbese PI spT Tae /ca /4e Ge:PT olde @ [nr Mountainbrook Road, Canton, Georgia and 15714 Ibisridge Drive, Lithia, Florida. 4, On or about November 12, 2008, Respondent entered into a contract with Barry and Denise Durrance (“Complainant”) to construct a pool at Complainant's residence located 18030 Driftwood Lane, Lutz, Florida. 5. The contract price for the project was approximately $32,000.00. 6. Complainant paid Respondent approximately $28,200.00 of the contract price. . 7, A permit was pulled for the project on or around January 20, 2009. é. On or about June 2, 2009, a valid claim of lien was recorded against Complainant’s property by Prestige Gunnite of Florida, for goods and/or services supplied by Prestige Gunnite of Florida, for this project. 9. Respondent failed to have the claim of lien removed from the property within 75 days of the date of such lien, 10, In or about August 2009, Respondent ceased work on the project. ll. At the time work ceased, the project was not complete. 12. Respondent failed to have proper inspections Document in Unnamed 2 BT/Pa SBvd dad 98TbTcbese PI spT Tae /ca /4e Ge:PT olde @ [nr conducted on the project. 13. Respondent failed to perform any additional work on the project for a period greater than ninety (90) consecutive days. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 15, Based upon the foregoing, Respondent violated Section 489.129(1)(g)l., 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 allowed valid liens to have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond within 75 days after the date of such liens. 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. Document in Unnamed 3 BT/SA Jad dad 98TbTcbese PI spT Tae /ca /4e Ge:PT olde @ [nr 17. 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 presumed abandoned after 90 days if the contractor terminates the project withont just cause or without proper notification to the owner, including the reasen for termination, or fails to perform work without just cause for 90 consecutive days. 18, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 19, Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT IV 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 21. Rule 6164~17,001(1) (m)2, Florida Administrative Code, provides that misconduct or incompetency in the practice of contracting, shall include but is not limited Document in Unnamed 4 BT/98 Sod dad 98TbTcbese PI spT Tae /ca /4e 92:7T Ode 2 [nc BT/é@ Sov to violation of any provision of Chapter 6164, F.A.C., or Chapter 489, Part I., F.8. 22. 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(1) (m)2, F.A.C. WHEREFORE, Petitioner respectfully requests the Construction Industry khicensing 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 ner 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 Februar , 2010 CHARLIE LIEM, Interim Secretary Department of Business and Documont in Unnamed. 5 dad 98TbTcbese PTT Ge:PT olde @ [nr BTad fob / 44 @T/8a Sovd PC Found 03/23/2010 Hussey/Kane (I) Holloway/Watts (II) Document in Unnumed 92:FT OT0e 2 yng By: dad Professional Regulation Thomas Campbell Thomas H, Campbell Assistant General Counsel Florida Bar No, 0071589 Department of Business and Professional Regulation Office of the General Counsel 1940 N, Monroe Street, Ste. 42 Tallahassee, FL 32359-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile 98TbTcbese PTT BTad fob / 44 @T/68 Jovd 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 be 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 her 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 a4 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. Fursuant 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 case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Document in Unnamed q dad 98TbTcbese PTT 2e:vl Ode 2 [nc BTad fob / 44

Docket for Case No: 10-004713PL