Se we a a’) Zz ot fon) BZN Rem Ot AGN! ~ } BPE = oO 65a, < STATE OF FLORIDA 4 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 98-03054 O | -O525PL GREGORY RAYMOND PODKULSKI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GREGORY RAYMOND PODKULSKI, ("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 hereto, a Certified General Contractor, in the State of Florida, having been issued license number CGC033960. His license is currently in active status. | 3. Respondent's last known address is 612 W Bloxham Street, Lantana, Florida 33462. 4, On or around October 5, 1997, Respondent contracted with Robert and Barbara Irvine to repair and install French doors, pull down stairs and a dryer vent on property located at Bayview 6720 74” Court, Parkland, Florida. . 5. The contract price was $1,250.00 and Respondent received $950.00. 6. The work Respondent contracted to perform required a permit. 7. Respondent failed to obtain permits for his work on the Irvine project. 8. Construction began on or around October 10, 1997 and ceased on or around November 26, 1997. 9. At the time Respondent ceased construction, the project was incomplete. 10... Onor around February 10, 1998, the Irvines contracted with Home Repair Services to complete the project. 11. The Irvines paid Home Repair Services $825.00 to complete the project. 12, The Irvines paid $550.00 over the original contract price to complete > Respondent’s work. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in Paragraphs ane through twelve as though fully set forth herein. 14. Based upon the foregoing, Respondent violated Section 489.129(1)(h)(3), 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’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT II 15. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through twelve as though fully set forth herein. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(k), 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 III 17. Petitioner realleges and incorporates the allegations set forth in Paragraphs one through twelve as though fully set forth herein. y 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. - 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. Signed this__/ [soy of , 2000. fot CATHLEEN E. O'DOWD LEAD CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: Patrick F. Creehan Assistant General Counsel Department of Business and . Professional Regulation 1940 North Monroe Street Department F | LU E dD Regulation x epartment of Business and Prosessi _ Tallahassee, FL 32399-2202 AGENCY CLERK CEO/PFC Case # 98-03054 —URK Soya £. Workman | par_ 1 “1 -2000 PCP! ob />-4/ Qtforck + Burke .

Docket for Case No: 01-000525PL