Nov 30 2010 17:19 PAGE 83/38 Bapattment of Business and Profesdanat Reguiatic Deputy Agenoy Glark CLERK Evette L Proctor Bote 9/3/2010 Flat 1l/se/28le 18:88 8589219186 DEPR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, ve Case No. 2009-050773 MICHAEL JOSEPH DETUCCIO, Respondant. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional, Regulation, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, Division 1, against MICHAEL JOSEPH DETUCCIO, ("Respondent"), and alleges: i. 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 a Certified Building Contractor in the State of Florida, having been issued license number CBC 1251359, 3. Respondent's address of xracerd is 1311 West Marvin Street, Longwood, Florida 32750. 4. On or about April 6, 1994, Respondent was convicted of two third degree felonies, i.e., burglary of a structure and Bocument in Unnamed I Now 30 2010 17:20 a4/3a 1l/se/28le 18:88 8589219186 DEPR PAGE possession of burglary tools, (Case No. 93-3772-CFA, in the Circuit Court, Eighteenth Judicial Cirenit, in and for Seminole County Florida), had adjudication withheld, and was placed on Probation. 5. Respondent completed probation on or about January 3, 1997, 6. On or about May 15, 1995, while on probation for the above two felonies, Respondent was convicted of Driving Under the Influence, a misdemeanor, (Case No. 065992-7, in tha County Court, Eighteenth Judicial Circuit, in and for Seminole County Florida), was adjudicated guilty, and placed on probation. 7, Respondent completed probation on or about February 8, 1996, 8. Respondent reported his 1994 and 1995 convictions to the Department when Respondent applied to become a Certified Building Contractor im 2003. 9, Upon review of his application, the Construction Industry Licensing Board (“Board”) granted Respondent a license in 2003 to become a Certified Building Contractor. 10. Section 800.04(5) (a), Florida Statutes, provides that & person who intentionally touches in a lewd or lascivious Manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, Decument. in Unnamed 2 Now 30 2010 17:20 5/38 11/38/2616 18:68 8589219186 DEPR PAGE & or forces or éntices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. li. Section 800.04(5) (b), Florida Statutes, provides that an offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony. 12. On or about November @, 2005, Respondent pled guilty to two life felony counts of lewd or lascivious molestation on a child under 12 years of age, (Case No. 05-2052-CFA, in the Circuit Court, Eighteenth Judicial Circuit, in and for Seminole County Florida), pursuant to Section 800.04(5) (b), Plorida Statutes, and was adjudicated guilty on November 18, 2005. 13. One of the conditions of Respondent’s probation is that Respondent is prohibited from working for pay or volunteer at any school, day care center, park, or playground. 4. One of the conditions of Respondent’s probation is that Respondent may not leave the county of his residence without first procuring the consent of his Probation Officer. 15. One of the conditions of Respondent’s probation is that Respondent will maintain a driving log and is prohibited against driving a moter vehicle alone without the prior approval of the supervising officer, Document in Unnamed 3 Now 30 2010 17:20 PAGE 86/38 1l/se/28le 18:88 8589219186 DEPR 16. As a result of the convictions listed in paragraph twelve (12), Respondent became a ragistered sexual predator in the State of Florida. one of the conditions of Respondent’s sex offender probation is that he is prohibited from unsupervised contact with a child under the age of 18, unless authorized by the court with another adult present who is responsible for the child’s welfare, and who has been advised of the crime and is approved by the court. 17. Respondent did not report his sexual offender convictions to the Department or Board. 18. Pursuant to Saction 775.21, Florida Statutes, the Legislature found that sexual offenders who prey on children are Sexual predators who present an extreme threat to the public safety, and whose crime(s) cause their victims to suffer long- term effects. In addition, the Legislature found that the state has a compelling interest in Protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring Sexual predators to register and for requiring community and public notification of the presence of sexual predators. Decument. in Unnated 4 Now 30 2010 17:20 PAGE 7/38 1l/se/28le 18:88 8589219186 DEPR COUNT ONE 19. Petitioner realleges and incorporates the allegations set forth in Paragraphs one (1) threugh eighteen (18) as though fully set forth herein. 20. Saéction 489,105(3) (b), Florida Statutes, defines “building contractor” as a contractor whose services are limited fo construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the servicas do not affect the structural members of the building. 21. Section 489.129(1) (b), Florida Statutes, subjects a licensee to discipline for being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. 22. Section 489.111 (2) (6), Florida Statutes, requires a construction licensee to be of good moral character. 23. Respondent's felony convictions for two counts of lewd or Lascivious Molestation on a child under the age of 12, Decument in Unnamed 5 11/38/2818 Now 30 2010 17:20 19:88 8589219186 DEPR directly relate to the Practica of contracting, or to ability of Respondent to practice contracting, the follewing ways: A. As a certified building contractor, Respondent has immediate access to single dwelling or multiple dwelling buildings, the residents of such dwellings, and any children of the residents of such dwellings, based upon any work Respondent accepts as a certified building contractor. B. Respondent is prohibited from unsupervised contact with a child under the age of 18, even if the contact is as a result of Respondent's work in construction contracting, unless authorized by the eourt with another adult present who is responsible for the child’s welfare, and who has been advised of the crime and is approved by the court. c. Respondent is prohibited from working as a construction contractor at any school, day care center, park, or playground. De Respondent is prehibited against driving a Motor vehicle alone without the prior approval of the supervising officer, even if the purpose of the drive is for work in construction contracting. Documant in Unnamed PAGE 88/38 the in one or more of 6 Nov 30 2010 17:21 PAGE 89/38 1l/se/28le 18:88 8589219186 DEPR Ea Respondent may not leave the county of his residence without first procuring the consent of hig Probation Officer. This restriction does not contain an exception for Respondent to perform work as a construction contractor, even though Respondent’s construction contracting license otherwise would allow Respondent to freely perform construction activities throughout the state of Florida. F. Respondent's convictions for lewd or lascivious molestation of a child under the age of 12 are crimes of moral turpitude. 24. Based on the foregoing, Respondent violated Section 489.129(1) (b), Florida Statutes, by being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any Jurisdiction which directly relates to the practice of contracting or to the ability to Practice contracting. COUNT TWO 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one (1) through eighteen (18) ag though fully set forth herein, 26. Section 455.227(1), Florida Statutes, provides in part that “[t]he following acts shall constitute grounds for which Decument in Untamed q Nov 30 2010 17:21 AGE 1la/3a 1l/se/28le 18:88 8589219186 DEPR Pi the disciplinary actions Specified in subsection [455.227 (2) ] may be taken. (¢) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee's profession. 27. Respondent's felony convictions for two counts of Lewd or Lascivious Molestation on a child under the age of 12, relate to the practice of contracting, or to the ability of Respondent to practice contracting, in one or more of the following ways: A. As a certified building contractor, Respondent has immediate access to single dwelling or multiple dwelling buildings, the residents of such dwellings, and any children of the residents of such dwellings, based upon any work Respondent accepts as a certified building contractor. B. Respondent is prohibited from unsupervised contact with a child under the age of 18, even if the contact is as a result of Respondent’s work in construction contracting, unless authorized by the court with another adult present who is responsible for the child's welfare, and who has been advised of the crime and is approved by the court. Document in Unnamed & 11/38/2818 Nov 30 2010 17:21 19:88 8589219186 DEPR Cc. Respondent is prohibited from working as a construction contractor at any school, day care center, park, or playground. D. Respondent is prohibited against driving a motor vehicle alone without the prior approval of the supervising officer, even if the purpose of the drive is to work in construction contracting, E. Respondent may not leave the county of his residence without first procuring the consent of his Probation Officer. This xestriction dees not contain an exception for Respondent to perform work as a construction contractor, even though Respondent's construction contracting license otherwise would allow Respondent to perform construction activities throughout the state of Florida. F. Respondent's convictions for lewd or lascivious molestation of a child under the age of 12 are crimes of moral turpitude. 28. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating any provision ef Chapter 455, Florida Statutes, by viclating Section 455.227(1), Florida Statutes. Document in Unnamed PAGE 11/38 Nov 30 2010 17:21 PAGE 12/38 1l/se/28le 18:88 8589219186 DEPR COUNT THREE 29. Petitioner realleges and incorporates the allegations set forth in Paragraphs one (1) through eighteen (18) as though fully set forth herein. 30. Section 455.227(1) (t), Florida Statutes, Subjects a licensee to discipline for failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a Plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph. 31. Section 455.227(1) (t), Florida Statutes, became effective on October 1, 2010, 32. Based on the foregoing, Respondent violated Section 455.227(1) (t), Florida Statutes, when he failed to report, to the Department or the Board, either of his felony convictions for lewd or lascivious molestation of a child under 12 years of age. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, Recument, in Unnamed 10 Nov 30 2010 17:21 AGE 13/38 1l/se/28le 18:88 8589219186 DEPR Pi 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 excead $10,000 per violation, require continuing education, aSS@88 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 24" day of August, 2010. CHARLIE LIEM, Secretary Department of Business and Professional Regulation Pooja §. Patel By: Pooja §. Patel Assistant General Counsel Florida Bar No. 0056734 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste.42 Tallahassee, FL 32399-2202 830.488.0062 Office 950.921.9186 Facsimile PC Found 08/24/2010 Members: Hussey/Serraes Dagument ih Unnamed li Now 30 2010 17:22 PAGE 14/3¢ 1l/se/28le 18:88 8589219186 DEPR NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accerdance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and Subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time against the Respondent in addition to any other discipline imposed. Document in Unnamed 12

Docket for Case No: 10-010450PL