Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: WINDY MARIE TUCCI, D/B/A TAMPA BAY QUALITY POOLS, INC.
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Brooksville, Florida
Filed: May 19, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 3, 2009.
Latest Update: Dec. 25, 2024
May 19 2009 14:53
@5/19/2089 14:53 8589219186 DEPR PAGE 83/12
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISIONS I AND If
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case No. 2007-032477
WINDY MARIE TUCCT
D/B/A TAMPA BAY QUALITY POOLS, INC.
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSTONAL
REGULATION, ("Petitioner") files this Administrative Complaint
against WINDY MARTE TUCCI D/B/A TAMPA BAY QUALITY POOLS, INC.
("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 Building Contractor, in’ .the State of
Florida, having been issued license number cB C059309, which is
currently current and active and a Certified Pool/Spa
Contractor, in the State of Florida, having been issued license
number CP C1456777, which is currently current and active.
Tueei2007-032477,489. 1 19(2\(d),127(4)(2),124(a),(,(mn).doe 1
May 19 2009 14:53
85/19/2889 14:53 8589219186 DEPR PAGE 4/12
3. Respondent's address of record is 15410 Sir Maxwell
Ct., Odessa, Florida 33556,
4, At all times material hereto, Respondent was the
primary qualifying agent for Tampa Bay Quality Pools, Inc.,
which has a currently-delinquent certificate of authority, OB
number 51157 and/or Danire Investment Properties, which has a
current ly-delinquent certificate of authority, OB number 24861
and/or Disti LLC, which has a currently-delinguent certificate
of authority, OB number 42180.
3. Section °489.1195(1) (a), Plorida 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 April 15, 2005, Ramzey Moumneh d/b/a
Geoject Distribution Corporation (“Geoject”) d/b/a New American
Homes entered into a contract with Denese M. Costelio-Sloan
("Costello-Slean") for sinkhole remediation work to a property
located at 3497 Orion Read, Spring Hill, Florida. The scope of
work noted in the contract includes the stabilization of the
existing foundation.
7. At the time the contract was established, Moumneh was
not a licensed contractor, and Geoject did not possess a
Tucci2007-032477,489, 1 19(2)(d),127(4)(c),1 29(4),(f),(m).doc 2
May 19 2009 14:53
a5/19/2889 14:53 9589219186 DEPR PAGE 85/12
certificate of authority.
8. The total contract price was $55,000.00, of which
Geoject accepted $27,500.00.
9. Records show that that Respondent’s license number was
used to obtain permit No. 116350 from Hernando County for the
project.
10. Respondent abandoned the project by failing to
commence work.
li. At the time of abandonment, the percentage of
completion was less than the percentage of the total contract
price paid by Costello-Sloan.
12, To date, Respondent has failed to provide any, amount
of restitution to Costello-Sloan.
COUNT_ONE
13. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein.
14. Section 489.119(2) (d),: Florida Statutes, states that a
certificate of authority must be renewed every 2 years, If there
is a change in any information on the application, the business
organization shall, within 45 days after such change occurs,
mail the correct information to the department.
15. Based on the foregoing, Respondent violated section
489.129(1) (i), Plorida Statutes, by failing in any material
Tucei2007-082477,489. 119(2)(d),127(4)(),129(2),(F).(mm).doe 3
May 19 2009 14:59
5/19/2689 14:53 8589219186 DEPR PAGE 6/12 _
respect to comply with the provisions of Chapter 489, Part I,
Florida Statutes, or violating a rule or lawful order of the
board, by having violated section 489.119 (2) (d), Florida
Statutes.
COUNT TWO
16. Petitioner realleges and incorporates the
allegations set forth in paragraphs one through twelve as though
fully set forth herein.
17. Section 489.127(4) (cc), Florida Statutes, provides in
part that a certified or registered contractor, or contractor
Authorized by a local construction regulation board to do
contracting, may not apply for or obtain a building permit for
construction work unless, the certified or registered contractor,
or contractor authorized by a local construction regulation
board to do contracting, or business organization duly qualified
by said contractor, has entered into a contract to make
improvements to, or perform the contracting at, the real
property specified in the application or permit.
18. Based on the foregoing, Respondent violated Section
489.129(1) (i), Florida Statutes, by failing in any material
respect to comply with the provisions of this part or violating
a tule or lawful order of the board, by having violated Section
489,127(4) (c), Florida Statutes.
Tucei2007-032477,A89,119(2)(4),127%¢4)(e),129(a),(D)(m).doe : 4
May 19 2009 14:59
5/19/2689 14:53 8589219186 DEPR PAGE 87/12
COUNT THREE
19, Petitioner realleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein.
20. Based on the foregoing, Respondent violated Section
489.129(1) (da), Plorida Statutes, by performing any act which
assists a person _or entity in engaging in the prohibited
uncertified and unregistered practice of contracting, if the
certificate holder or registrant knows or has reasonable grounds
to know that the person or entity was uncertified and
unregistered.
COUNT FOUR
21. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully ‘set
forth herein.
22. Based on the. foregoing, Respondent violated Section
489,129(1)(f), Florida Statutes, by acting in the capacity of a
contractor under any certificate or registration in a name other
than the name of the certificateholder or registrant as set
forth on the issued certificate or registration.
COUNT FIVE
23. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein. |
Tueei2007-032477,480.119(2)(d),1 27(4)(c),129(4),(.(m), doe 5
May 19 2009 14:59
g6/19/28e9 14:53 8589219186 DEPR PAGE 8/12
24. Based upon the foregoing, the Respondent violated
Section 489.129(1) (g)2., 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 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 is entitled to retain
such funds under the terms of the contract or vefunds the excess
funds within 30 days after the job is abandoned.
COUNT SIX
25. Petitioner realléges and incorporates the allegations
set forth in paragraphs one through twelve as though fully set
forth herein,
26. Based on the foregoing, Respondent violated section
489.129(1) (4), 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 SEVEN
27, Petitioner realleges and incorporates the allegations
Tucei2007-032477,489. 119(2\d),127(4)(c),1 29(d).(),(m).doc ; 6
May 19 2009 14:59
g6/19/28e9 14:53 8589219186 DEPR PAGE 9/12
set forth in paragraphs one through nine as though fully set
forth herein. .
28. Based on the foregoing, Respondent violated section
489.129(1) (m), Florida Statutes, by committing incompetence or
mismanagement in the practice of contracting. |
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 of registration, require financial
restitution to a consumer, impose an administrative fine not to
exceed $10,000.00 per violation, xequire continuing education,
assess costs associated with the investigation and prosecution,
impose any or all penalties delineated within Section
455.227(2), Florida Statutes, and/or any other relief the Board
is authorized to impose pursuant to Chapter 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
‘Tueei2007-032477,489.119(2)(d),127(4¥e),) 29(d),(0),(m).clos
May 19 2009 14:59
5/19/2689 14:53 8589219186 DEPR PAGE 16/12
Signed this Z day of S gills, , 2008.
PC Found; September 23, 2008
Div. I: Del Vecchio & Chung
Div. II: Bailey & Engelmeier ee LEE
Kyle David Christopher
Assistant General Counsel
Florida Bar Ne. 40853
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-220
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
" \ L t Oa seis
papartat ot mu rs shod
ser fgracaos
Tneci2007-032477,489,119(2)(d),127¢4\(e),129(4),(0),(m).doe
Docket for Case No: 09-002758
Issue Date |
Proceedings |
Aug. 03, 2009 |
Order Closing File. CASE CLOSED.
|
Jul. 31, 2009 |
Petitioner's Amended Motion to Cancel Hearing and Relinquish Jurisdiction as to Case Number 09-2758 filed.
|
Jul. 20, 2009 |
Petitioner's Motion to Cancel Hearing and Relinquish Jurisdiction as to Case Number 09-2758 filed.
|
Jun. 02, 2009 |
Order of Pre-hearing Instructions.
|
Jun. 02, 2009 |
Notice of Hearing (hearing set for August 11, 2009; 11:00 a.m.; Brooksville, FL).
|
May 27, 2009 |
Unilateral Response to Initial Order filed.
|
May 20, 2009 |
Initial Order.
|
May 19, 2009 |
Election of Rights filed.
|
May 19, 2009 |
Administrative Complaint filed.
|
May 19, 2009 |
Agency referral
|