Nov 16 2010 13:59 11/16/2616 14:48 8589219186 DEPR PAGE 83/89 FILED Peyertirent af Riatinets and Professional Regulation — Deputy Ageney Clerk CLERK Brandon Michats: Date 3/23/2010 Fila & STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv, Case No. 2008-033913 SHELDON CHANDLER MORANT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Department OF Business and Professional Regulation, files this Administrative Complaint before the Construction Industry licensing Board, against Respondent, SHELDON CHANDLER MORANT, and alleges: 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. At ali times material to this complaint, Respondent was licensed as a Certified General Contractor in the State of Florida, having been issued license number CG €1507314. 3. Respondent's address of record is 17180 SW 49th Place, Hollywood, Florida 33027. GA2009 Cages\08-033913 Morant.edministrative camplaint.doc 1 Nov 16 2010 13:59 11/16/2818 1d:4¢ 8589219186 DEPR PAGE @4/ag 4. At all times material te this complaint, Respondent was licensed as the qualifying agent for System Construction Management, Inc. (“Contractor”), a Florida corporation with qualified business organization license number QB31507. 5, 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. 6. On or about March 7, 2006 the Contractor entered into a written contract with Geneva Frances Howard (hereinafter referred to as “Howard”) to repair and remodel Howard's hurricane damaged residence located at 2101 NW 69th Terrace, Miami, Florida. 7. The contract price was $67,000.00. 8. The contract did not include a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 9. On or about the following dates, Howard made payments to the Contractor toward the contract price in following amounts: April 5, 2006, $15,662.69; June 26, 2006, $19,578.37; and September 14, 2006, $20,177.28; for a total of $55,418.34, GH\2009 Coses\08-033913 Morant,administrative complaint.doc 4 Nov 16 2010 13:59 11/16/2616 14:48 8589219186 DEPR PAGE 85/89 10. Without obtaining any building permits, during the period from approximately April 2006 to February 2007 the Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to Howard, the Contractor failed to perform further work, thereby abandoning the project. 11. The Contractor failed to apply for a building permit necessary for the project or any part of the project within 30 days after having received ag initial payment money totaling more than ten percent of the contract price. On or about July 20, 2006, the Contractor applied to the Miami-Dade County building department for a building permit for a fence at Howard's residence, but no building permit was issued. COUNT ONE 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. Respondent violated Section 489.129(1)(4), Florida Statutes (2005), 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, ine¢luding the reason for termination, or fails to perform work without just cause for 90 G\2009 Cases\08-033913 Morant.administrative complaint,doe , 3 Nov 16 2010 13:59 11/16/2818 1d:4¢ 8589219186 DEPR PAGE 86/a9 consecutive days. COUNT TWO 14. Petitioner realleges and incorporates by reference, the allegations set forth in paragraphs one through eleven as though fully set forth herein. 15. Respondent violated Section 489.129(1) (0), Florida Statutes (2005), by proceeding on any Job without obtaining applicable local building department permits and inspections. COUNT THREE 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 17. Seetion 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, o7 construction to residential real property must contain a written statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500. i8. Respondent violated Section 489.129(1) (i), Florida Statutes (2005), by failing in amy material respect to comply with the provisions of this part or violating a rule or lawful order of the board, by failing to include in the contract with Howard a written explanation of the Florida Homeowners G:\2009 Casas\08-033913 Morant.administrative complaint.doc 4 Nov 16 2010 13:59 11/16/2616 14:48 8589219186 DEPR PAGE 87/89 Construction Recovery Fund, as required by Section 489.1425, Florida Statutes. COUNT FOUR 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 20. Section 489.126(2) (a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, ox construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work doés not requite a permit under the applicable codes and ordinances.” 21. Respondent violated Section 489.129(1) (i), Florida Statutes (2005), 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 failing to comply with Section 489.126(2) (a), Florida Statutes. 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, reveke, suspend, deny the issuance or renewal of the cextificate or registration, require financial restitution to a consumer, impose an administrative fine not to GA2009 Cancr\08-033913 Morant.adininistrative complain.doc 5 Nov 16 2010 14:00 11/16/2818 14:48 9589219186 DEPR PAGE 98/89 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. Signed this Lae ‘day of C , By: 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Theodore R. Gay F Assistant General Counsel Florida Bar No. 242896 Department of Business and Professional Regulation Office of the General Counsel 8240 N.W. 52nd Terrace, Ste. 304 Miami, FL 233166 (305) 470-6783 ext. 2225 Telephone (305) 470-5781 Facsimile PCP Date: “ %-\OD PCP Members: t im Pa) > , TRG/sb G\2009 Casen\08-033913 Morant.administrative complaint.doc

Docket for Case No: 10-010230PL