5-4-0¢ Final Order No. BPR-2002-03582 Date: FILED = Department of Business and Professional Regulation |», AGENCY CLERK ay Sarah Wachman, Agency Clerk By: m . STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD EHP-Clos DEPARTMENT OF BUSINESS AND CASE NOS:.: 97-06573, 97-10194 PROFESSIONAL REGULATION, 98-13900, 98-14520 98 -21364, 98-23383 Petitioner, 99-01611, 99-05717 DOAH CASE NOS.: 01-3827PL, 01-3828PL 01-3829PL, 01-3830PL 01-3831PL, 01-3832PL 01-3833PL, 013834PL -VS- LICENSE NO.: CR C040917 GLENN L. MUSTAPICK, Respondent. FINAL ORDER THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(1)(I), F.S., on August 15, 2002 in Tampa, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) issued by the Administrative Law Judge in the above styled case, and Respondent's Exceptions to the Recommended Order. The Petitioner was represented by Robert A. Crabill, Esq. The Respondent was present at the Board meeting but was not represented by counsel. Upon consideration of the Administrative Law Judge’s Recommended Order, the exceptions filed thereto, the arguments of the parties, and after a review of the complete record in this matter, the Board makes the following findings: RULING ON EXCEPTIONS The exceptions filed by the Petitioner are ACCEPTED and the Conclusions of Law in the Recommended Order are modified accordingly below. FINDINGS OF FACT 4. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is clear and convincing evidence to support the Administrative Law Judge’s Findings of Fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 420.57(1), and Chapter 489, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted, except that in respect to paragraph 142 of the Recommended Order pertaining to restitution, to the extent that paragraph 142 may be construed as containing an erroneous conclusion of law, as described in Petitioner's exceptions, that conclusion of law is modified to provide that the statutory maximum amount possibly recoverable from the Construction Industry Licensing Board by the consumers in these cases is a cumulative sum of $200,000.00, not $25,000.00.. 3. Respondent is guilty of violating Sections 489.129(1)(h), 489.129(1)(j), 489.129(1){k), and 489.129(1)(p) Florida Statutes. 4. There is clear and convincing evidence to support the Board’s findings and conclusions. THEREFORE, IT IS ORDERED AND ADJUDGED: 1. Respondent's license is hereby REVOKED. 2. Respondent shall pay an administrative fine in the amount of Twenty-Five Thousand Dollars ($25,000.00) and costs in the amount of Four Thousand Two Hundred Forty-Five Dollars and Thirty-Four Cents (4,245.34), and restitution as follows: a. Twenty-Five Thousand Dollars ($25,000.00) to Daniel Simons and Carol Stefanski; b. Twenty-Five Thousand Dollars ($25,000.00) to Carol Morris; c. Twenty-Five Thousand Dollars ($25,000.00) to Fred W. Connell and Celia M. Connell; d. Twenty-Five Thousand Dollars ($25,000.00) to William Chang and Iceline Chang; e. Fourteen Thousand Dollars ($14,000.00) to Harold Bell and Jean Bell; f. Twenty-Five Thousand Dollars ($25,000.00) to Erol Aksoy and Yildiz Aksoy; g. Twenty-Five Thousand Dollars ($25,000.00) to Jerolene Glass and Milo Glass; and h. Ten Thousand Dollars ($10,000.00) to Suzanne Beck. Said fine, costs and restitution shall be paid within thirty (30) days after the date of filing of the Final Order. In addition, the Respondent will be required to pay interest on fines due to the Board ata rate of 18% per annum, beginning on the thirty-first (31st) day after the issuance of the Final Order. A change in your licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of your license does not relieve you of your obligation to pay any fines, costs, interest, or restitution imposed in this order. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing an original Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the clerk of the Department of Business and Professional Regulation. DONE AND ORDERED this Pret day of Yn Oho bey ; : i 2002. ROBERT A. LANG, Chair Construction Industry Licensing Board CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Glenn L. Mustapick, 14041 U.S. Highway 1, Juno Beach, 33408; and to Errol H. Powell, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; by hand delivery/United States Mail to the Construction Industry Licensing Board, 1940 N. Monroe Street, Tallahassee, Florida 32399-1039, and to Patrick F. Creehan, Esq., Chief Construction Attorney, Office of the General Counsel, 1940 North Monroe Street, Suite 60, Tallahassee Florida 32399, on or before 5:00 p.m., this 20 day of Sept er Y whet , 2002.

Docket for Case No: 01-003828PL

Orders for Case No: 01-003828PL