Division of Administrative Hearings Date 7 | | cy STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-08716 4 23 Pe GRAIG ARCURI, 0) Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GRAIG ARCURI, ("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 CG C059991 by the Florida Construction Industry Licensing Board. 3. Respondent's last known addresses are: 5 Michael Court, Hudson, New York, 12534-1414; 1232 Market Circle, 7-G Box #11, Port Charlotte, Florida, 33953; and 2431 Old Coach Drive, Castleton On Hudson, New York, 12033-9501. 4. At all times material hereto, Respondent was licensed as qualifying agent for Mel Lockhart Construction under his Certified General Contractor’s license number CG C059991. 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. On or about February 29, 2000, Respondent, doing business as Basum Corporation, entered into a contract with Robert Ferriola (hereinafter “Ferriola”), to construct a single family new home for Ferriola at 17219 O’Hara Drive, Port Charlotte, Florida. 7. The total price of the aforementioned contract was $168,450.00. 8. Ferriola paid Respondent $67,370.10 in the form of two draw payments and a deposit check made out to Basum Corporation. 9. Respondent failed to provide notification of the Construction Industries Recovery Fund. 10. | Respondent began work on the project in or around March of 2000, however Respondent ceased work on the project on or about September 15, 2000, and did not return to the . job site. 11. The public records for Charlotte County reveal that $23,475.10 in liens have been filed against Ferriola’s property. 12. Respondent has failed to satisfy the liens. 2 13. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 15. Based on the foregoing, the Respondent violated Section 489.129(1)(f), Florida Statutes (1999), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificatehoider or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT IT 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(g)1, Florida Statutes (1999), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a 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, by payment or by bond, within 75 days after the date of such liens. COUNT Il 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One 3 through Thirteen as though fully set forth herein. 19. Based on the-foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1999), 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 IV 20. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 21. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting. . COUNT. V 22. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Thirteen as though fully set forth herein. 23. Section 489.1425(1), Florida Statutes (1999), provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain 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)(i), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, to wit; Section 489.1425(1), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order impesing 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. , 2001. Signed this 2 Hh day of aly Robert A! Crabill Chief Construction Attorney FILED Department of Business and Professional Regulation Robert A. Crabill ; DEPUTY CLERK Assistant General Counsel Florida Bar No. 0134473 Barzrdnth Sechelt Department of Business and CLERK : Professional Regulation DATE d- 3 | -200 | Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 COUNSEL FOR DEPARTMENT: RAC/acd 2000-08716 ob We Pep: vinlst 5 Hes bane £ karpt

Docket for Case No: 02-002635PL