Jul 26 2010 10:14 87/26/2818 16:62 98589219186 DEPR PAGE 93/18 FILED Departitent of Meshes and Proferrional fegulath AGENCY CLERK CLERK = Sarah Waehetan Date 3/18/2009 Fila ¢ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION tf DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2008+042770 DARRELL ELIGHA GADSDEN D/B/A GADSDEN PROPERTY INVESTMENT, INC., Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against DARRELL ELIGHA GADSDEN ("Respondent") d/b/a GADSDEN PROPERTY INVESTMENT, INC, ("Gadsden Property”) and says: L. Petitioner is the state agency charged with regulating the practice of comtracting 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 Building Contractor, in the State of Florida, having been issued license number CBC 1254324, which is currently current and active. 3. Respondent's address of recerd is P.O. Box 10685, West Palm Beach, Florida 33419. Document i Unnamed 1 Jul 26 2010 10:14 7/26/2616 16:82 8589219186 DEPR PAGE 84/18 4. At all times material hereto, Respondent was the primary qualifying agent for Gadsden Property, which has a delinguent certificate of authority, OB number 48062. 5. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agente 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. 6. on or about April 10, 2006, Kevin Novack (“Complainant”) entered into a contract with Respondent d/b/a Gadsden Property for the construction of a screened enclosure to a residential structure, located at 15640 Meadow Wood Drive, Wellington, Florida 33414. 7. The contracted price for the construction was approximately $19,500.00, of which Gadsden Property accepted in full. 8. The contract did not contain Respondent's license number. 9. The contract did not contain a statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 10. Gadsden Property abandoned the project by failing to perform work without just cause for 90 consecutive days. Document in Unnamed 2 Jul 26 2010 10:15 7/26/2818 1e:82 8589219186 DEPR PAGE 45/18 ll. To date, Respondent has failed to provide any amount of restitution toa Complainant. COUNT ONE 12. 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 488.129(1) (1), 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 amd incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 16. Saction 489.1425, Florida Statutes, states that any Document in Unnamed 3 Jul 26 2010 10:15 7/26/2818 1e:82 8589219186 DEPR PAGE 46/18 agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement eéxplaining the consumer's cights under the Florida Homeowners’ 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 489,129(1) (i), Florida Statutes, by failing in any material respact 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 on the foregoing, Respondent violated section 489.129(1) (3), 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 90 consecutive days. COUNT FOUR 20. Petitioner realleges and incorporates the allegations Document in Unnamed 4 Jul 26 2010 10:15 7/26/2818 1e:82 8589219186 DEPR PAGE @7/1a set forth in paragraphs one through! eleven as though fully set forth herein. 21. Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per 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. Document ta Unnamed 5 Jul 26 2010 10:15 7/26/2818 1e:82 8589219186 DEPR PAGE 88/18 Signed this 17° day of August, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation 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 ($50) 488-0062 Telephone (850) 921-9186 Facsimile PC Found: 07/28/09 Members; Del Vecchio/Hussey Document in Unnamed 6

Docket for Case No: 10-006206