STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULALIO CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case Nos. 2000-03967 2000-04559 2000-05269 2000-05939 DANIEL JOSEPH GIULIANI, Respondent. : ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DANIEL JOSEPH GIULIANI, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting “pursuant to Section 20.165, F' lorida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, 4 certified building contractor in the State of Florida, having been issued license number CB C055367. 3. Respondent's last known address is 12427 Kitten Trail, Hudson, Florida 34669. 4. At all times material hereto, Respondent was the qualifying agent for Dane Construction. 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. Respondent entered into an agreement with Vincent Pagano (hereinafter "Pagano") and Ronald Aquino (hereinafter " Aquino"), whereby Respondent, d/b/a Dane Construction, would allow Pagano and/or Aquino to enter into contracts or obtain building permits using Respondent’s in exchange for a fee and/or labor. 7. At all times material hereto, neither Pagano nor Aquino was licensed by the State of Florida. FACTS PERTAINING TO CASE NO. 2000-03967 8. On or about December 14, 1999, Kevin J. McGuire (hereinafter "McGuire") entered into a contract with Pagano Development Group, Inc. (hereinafter "Pagano Group"), whereby Pagano Group was to construct 4 single family residence at 19099 Treveton Lane, Brooksville, Florida. 9. The contract was signed by Aquino but contained Respondent's license number. 10. The contract price was seventy-five thousand dollars ($75,000.00), of which amount McGuire paid Pagano Group fifteen thousand dollars ($15,000.00). ” 11. | Pagano Group cleared the site and dug a well, but then ceased working. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489. 129(1 Xe), lorida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate to be used by the uncertified or unregistered person with intent to evade the provisions of Chapter 489, Part I, Florida Statutes. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida | Statutes, by committing competency or misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2000-04559 16. On or about April 19, 1999, Arthur G. Bauknight (hereinafter "Bauknight") entered into a contract with Pagano Group, whereby Pagano Group was to construct a single family residence at 4485 Gulf Stream Drive, Hernando Beach, Flonda. 17. The contract was signed by Aquino but contained Respondent's license number. 18. The contract price was one hundred sixty thousand dollars ($160,000.00), of which amount Bauknight paid Pagano Group one hundred thirty thousand dollars ($130,000.00), or eighty-one percent (81%) of the total price. 19. Onor about May 20, 1999, permit number 1053684 was obtained for the Bauknight project from the Hemando County Building Department under Respondent's license number. 20. Bill Damer, Investigator with the Hernando County Building Department, estimates that at the time work on the project ceased, the home was at sixty percent (60%) completion. COUNT IM 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and sixteen through twenty as though fully set forth herein. 22 Based on the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate to be used by the uncertified or unregistered person with intent to evade © the provisions of Chapter 489, Part L, Florida Statutes. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and sixteen through twenty as though fully set forth herein. 24. Based on the foregoing, Respondent violated Section 489.129(1(m), Florida Statutes, by committing incompetency OF misconduct in the practice of contracting. FACTS PERTAINING TO CASE NO. 2000-05269 25. Onor about August 25, 1999, David and Janice Fulton (hereinafter "the Fultons") entered into a contract with Pagano Group, whereby Pagano Group was to construct a residence at 7316 Tropical Drive, Weeki Wachee, Florida. 26. The contract was signed by Aquino but contained Respondent's license number. ” 27, The contract price was eighty-nine thousand dollars ($89,000.00), of which amount the Fultons paid Pagano Group forty-four thousand five hundred dollars ($44,500.00), or fifty percent (50%) of the contract price. 28. ° Onor about November 2, 1999, permit number 1059965 was obtained for the Fulton project from the Hernando County Building Department under Respondent's license number. 29. | Onor about March 29, 2000, Keys Concrete Industries filed a claim of lien in the amount of eight thousand two hundred nineteen dollars and sixty cents ($8,219.60) against Fulton's property. 30. Onor about September 26, 2000, Fulton satisfied the claim of lien filed by Keys Concrete. 31. Onor about August 22, 2000, Fagen’s Building Centers, Inc., filed a claim of lien in the amount of seventeen thousand one hundred fifty-two dollars and eighteen cents ($17,152.18) against Fulton's property. ) COUNTY 32. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and twenty-five through thirty-one as though fully set forth herein. 33. Based on the foregoing, Respondent violated Section 489.129(1\e), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate to be used by the uncertified or unregistered person with intent to evade the provisions of Chapter 489, Part I, Florida Statutes. COUNT VI - 34, Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and twenty-five through thirty-one as though fully set forth herein. 35. Based on the foregoing, Respondent violated Section 489. 129(1)(g)1.. F lorida Statutes, by committing mismanagement of misconduct in the practice of contracting that caused financial harm to a customer when valid liens were recorded against the property of the contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property. FACTS PERTAINING TO CASE NO, 2000-05939 36. | Onor about December 14, 1999, Emanuel and Nancy Micciche (hereinafter "the Micciches") entered into a contract with Pagano Group, whereby Pagano Group was to construct a single family residence at 4026 Amberjack Drive, Hernando Beach, Florida. 37. The contract was signed by Aquino but contained Respondent's license number. 38. The contract price was one hundred seventy-five thousand two hundred fifty dollars ($175,250.00), of which amount the Micciches paid Pagano Group twenty-five thousand dollars ($25,000.00). : 39. Pagano Group commenced work on the project, but abandoned the job after constructing a sea wall. COUNT VU 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven and thirty-six through thirty-nine as though fully set forth herein. 41. Based on the foregoing, Respondent violated Section 489.129(1){e), Florida Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his certificate to be used by the uncertified or unregistered person with intent to evade the provisions of Chapter 489, Part I, Florida Statutes. COUNT VOL 42. Petitioner realleges and incorporates the allegations set forth in paragraphs one so through seven and thirty-six through thirty-nine as though fully set forth herein. Peng) ca f - ia) 43. Based on the foregoing, Respondent violated Section 489. 129(1)(m), Fi loriday ye 16 Ay Yo, “he, Wy ia Statutes, by committing incompetency or misconduct in the practice of contracting. ag $ Tig WR AET ee og HE 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 \ Se day of Rus , 2001. \ By: Robert A. Crabill Chief Construction Attorney COUNSEL FOR DEPARTMENT: Patrick L. Butler F | : Assistant General Counsel Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation 4; , ) ‘Office of the General Counsel Prado 1940 N. Monroe Street, Ste. 60 CLERK : Tallahassee, FL. 32399-2202 pate 1O7 \3-2 \ PLB/plb Case #s 2000-03967, 2000-04559, 2000-05269; 2000-05939

Docket for Case No: 02-001993PL