emote es ns Renesas Soe cathe Sl li A Be I ACI Bom ew el gs 8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL wong CONSTRUCTION INDUSTRY LICENSING BOARD ise DIVISION I “ea7p DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . OO ygetl Petitioner, Case No. 98-22020 vs. JAMES YACCARINO, Respondent. / ADMINISTRATIVE COMPLAINT ‘Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JAMES YACCARINO, ("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 ahd 489, Florida Statutes. 2. _-Respondent is, “and has ‘been at all times material hereto, a certified ‘General ontractor, “in “the state of Florida, having been issued License n er G COss818. age ‘Resp dent's last nown address - ‘is "14230 ‘Aster Avenue, West Palm Beach, Florida, 33414. 4. “RE all ‘times material hereto, Respondent was the licensed qualifier for Design concept Builders, Inc. (hereinafter 4 “set forth in paragraph Wo, wy, referred to as "DCB") and was responsible in such capacity for all of its contracting activities. COUNT I 5. Petitioner realleges an@ incorporates the allegations © s one through four as though fully set forth in this Count I. 6. On or about July 13, 1998, DCB entered into a written contract with Aude Marothiere and Marie R. Pierre-Louis (hereinafter referred to as “Homeowners”) to renovate the house at 917 West 39°*-Court,, West Palm Beach, Homeowners’ Florida for $28,000.00. 7. Bt all times material hereto, DCB failed to obtain a certificate of authority as a business organization as required by section 489. -119(2), Florida Statutes. 8. Based “upon, the foregoing, the Respondent is guilty of having violated Section 489.129(1) (3), Florida Statutes (1997), py having failed in any ‘material respect to comply with the provisions of |} Part ‘t of Chapter 489, Florida Statutes. COUNT LE 9. Petitioner ‘realleges and incorporates the allegations set forth in paragraphs one through $ four and six as though fully ‘set forth in this Count TT. 10. ‘The “contract did not contain a written statement explaining the consumer’s rights under the Construction Florida Statut building permits were. “obt “Industries Recovery Fund, as required by Section 489.1425, il. Based upon the toregoing, the Respondent is guilty of having violated Section 489. 129(1 1) (3), Florida Statutes (1997), by having failed to in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. . . . COUNT III . 12. Petitioner real ledges and incorporates the allegations set forth in paragraphs one ‘through ‘four ‘and ‘six as though fully set forth in this Count iit. 13. The contract called for the Homeowners to pay $10, 000.00 to DCB as a down payment, with payment of the remainder of the contract price due upon completion. On or about July 13, 1998, the Homeowners paid the down payment. 14. “Thereafter DCB proceeded to work on the renovation project without first obtaining a building permit. 15. On October 5, 1998 the City of West Palm Beach issued a stop work order ordering the work to stop until all necessary ined. by having 5 proceeded ¢ on any » job without * optaining applicable local building department permits and inspections. ‘ count Iv 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six, and thirteen as though fully set forth in this Count IV. 7 18. After Suly 13, 1998 until on or about October 30, 1998, DCB performed or attempted to perform, but did not complete, the renovation work called for by the contract. 19, At the time that DCB discontinued working, substantial work remained to be completed, including, but not limited to, installation of a bathroom in the rear building, correction of window installation code violations, and correction of the improper application of exterior stucco over “rotten wood. 20. On or about October 30, 1998, DCB cévininated the project without just cause and without proper notification to the Homeowners. / -21. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (k), Florida Statutes (1997), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed (Bbandoned 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. 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six, thirteen, and eighteen through twenty- one as though fully set forth in this Count Vv. 23. The Homeowners’ $10,000.00 payment to DCB constituted payment of approximately thirty- ‘Six percent (368) of the contract price. At the time of abandonment, “DCB had completed work worth approximately $5,000.00, or ‘approximately eighteen percent (18%) “ of the work called for by the contract. DCB was not entitled under the terms of the contract to retain any funds in excess of the value of the work completed, and DCB failed to refund any monies to the Homeowners within 30 days after abandonment or at any other time. : 24. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (h)2., Florida Statutes (1997), by committing mismanagement or misconduct in the practice of contracting that ‘causes “financial harm to a “Customer. Financial mismanagement or “misconduct oceurs ‘when the contractor has c abandoned tomer’ s job and the percentage of completion is amen less than the percentage of the total contract price paid to the = contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract : excess funds within 30 days” after the date the job Theodore Re “Gay” —_ “Senior Attorney . «Department of Business and F | L E D . Professional Regulation “oRG/ \e/ . . ) is abandoned. 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 $5,000 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. - . 8 OOS Signed this g day of fe hAvany , TSss. Cahht & O'Sone CATHLEEN E. 0’ DOWD “LEAD ATTORNEY ee (POR) Tan. 25, 2CO0O Gene Simmons | ul Me Kitrial COUNSEL FOR DEPARTMENT: 401 NW 2 Avenue #N607 bepatment of Business and Professional Regulation Miami, FL 33128 ; DEPUTY CLERK (305) 377-7115 i 2; | 12/8/99 Case #98-22020° eT eee gee

Docket for Case No: 00-002683PL