nn ee TT RTT “STATE OF FLORIDA | oe "DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION! oe. DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, Aa Petitioner, O Id 40 ys. Oo .. Case No. 99-06470 “ALFRED DAVID DAISE, oe Respondent. . ; ft ee ADMINISTRATIVE COMPLAINT " Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, cPeitione), files this “Administrative Complaint before the Construction Industry Licensing . Board, against ALFRED DAVID DAISE, ("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. Respondent i is, and has been at all times material hereto, a Certified General issued license number CG €057964. ; Contractor, i in the State of Florida, having be 524907 Doe Trail, Loxahath e, Florida 334 Management Corporation. (DMC). , 5, Section 489.1195(1)(a), Florida Statutes, provides that all primary aaliying 7 agents for a busines 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 vais; weep both for the organization in general and for each specific job. 6. On or about October 27, 1997, the Respondent, doing business as DMC, entered - into a contractual agreement with Susan Kuzenka to construct a concrete wall, with a metal door “~ ue and one mill finished window, around the perimeter of Kuzenka's home located at 1511 NW 69th “Avenue, Hollywood, Florida 33024. . 7, . The total contract price was $12, 369.00. Bi bes The contract did not include the Respondent's license number as required pursuant _ to Section 489.1 19(6)(b), Florida Statutes. - 9. The contract did not contain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 10. The Respondent was paid the full contract price for the project. Jil. "On or about June 4, 1998, the Respondent was issued building permit 98-03719 © from the Hollywood Building Department. 2. At some time subsequent to June 4, 1998, the Hollywood Building Department red tagged the project for several violations. Be . One or about May 12, 1999, building permit 98-03719 expired and became null ecause sit was dormant for over 180 days. to > compete the pro} ject. 15... Onor about September 3, | 3 1998, Banaszak Concrete Corporation placed a lien on -Kuzenka's propety for redimix ¢ concrete, blocks, bagged goods and mason sand. 16. To date, the lien has not si'besd satisfied. | 17. On or about August 31, 1999, Kuzenka entered into a contractual agreement with Doolittle Construction Company to finish the concrete enclosure. 18. The total price of the contract between Kuzenka and Doolittle Construction Company was $5,965.00. | COUNTI 19, Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eighteen as though fully set forth herein. 20... Section 489. ! 19(6)(b), Fi lorida Staats, provides that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or ‘advertisement, regardless of medium, as defined board rule, used by that contractor or business organization i in the practice of contracting. a1. Based on the foregoing, the Respondent violated Section 489. 12901)0) Florida ~ : Statutes, by failing i in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 22. _ Petitioner realleges and incorporates the allegations set forth in Paragraphs One __ 23. Section 489.1425, Florida Statutes, provides that any y agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a a written statement explaining the consumer's rights under the Construction Industries Recovery - Fund, except where the value of all labor and materials does not exceed $2,500, _24,.- Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT Il 25. ...Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Eighteen as though fully set forth herein. ) . _ 26... Based on 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 Pro} ject 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. COUNTIV 27. — Petitioner realle es and incorporates the allegations set forth in Paragraphs One “Statutes, by committing mismanagement or misconduct i in the practice of contracting iat causes financial harm toa customer. Financial mismana, agement or r misconduct occurs when valid liens have been recorded against the property of a contractor’ s customer for supplies or services . Based. on the foregoing, the Respondent violated Section 489. 129(1)(h), Fi lorida ia is silaidieaiiheitadik:diiaiaiadeinide adie anda ae ee customer to pay for the supplies or services; and the c contractor hhas n not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. - COUNT V ¥.: 29. Petitioner realleges and incorporates. the stlegntincs set forth in Paragraphs One through Eighteen as though fully set forth herein. 30. Based on ‘the foregoing, the Respondent violated Section 489. 12901), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT VI VI 31. Petitioner realleges and i incorporates the allegations set forth i in n Paragraphs One S through Ei ghteen as though fully set forth herein. . 32... Based on the ne foregoing “the Respondent violated Section 489. 129(1)(h)2., Florida ; Statutes, by commiting mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Fi inancial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract * price paid to the contractor as of the time of abandonment, unless the contractor i is entitled to retain such funds under the terms of the contract or refunds the excess ~ funds within 30 days afer the’ date the job is abandoned g one or more of the following penalties: place on probation, respec fully requests the Construction Industry Licensing “ee Poe 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 ath day of 2000. COUNSEL FOR DEPARTMENT: Patrick F. Creehan Assistant General Counsel . Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 4 PFC/jkm Case # 99-06470 _ Tallahassee, FL 32399-2202 ae Interim Lead Construction Attorney FILED - -s ffapartment of Business and Professional Raguiation DEPUTY CLERK cere rardnt Michele DATE B-1\5-2000 | femmeerirmercen ee oe

Docket for Case No: 01-002924PL