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FILE 0

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Dare 217/2011

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STATE, OF FLORIDA

DE,PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2010-036760

JASON GREGORY UNCAPHER

d/b/a 7 BUILDING GROUP, INC.,

Respondent.

                                                                    I

ADMINISTPATIVE COMPLAINJ:

THE DEPARTMENJ: OF BUSINESS AND PROFESSIONAL RE,GtJLATION,

("Petitioner"), files this Admini.strat.i..•17e C:oropla.int before the CONSTRUCTION INDUSTRY LICENSING BOARD, DIVISION I, against JASON

GRE,GORY UNCAPHER, ("Respondent"), and say.s:

1. Petitioner is the state agency charged with regulating the practice of contracting pursuan.t to Section 20.J. 65, Florida Statutes, and Chapters 455 and 489, Florida Statutes.

2. At all times material hereto, Respondent we,s e, Certified General Contractor in the State of Florida, having been issued license number C:GC l.51.5825, which is currently Current and Active.

3. Respondent's last known addresses of record are 393 Winter Lane, Palm Beach Gardens, Flo.r.ida 3?,410, and 1544 S. E. Royal Green Ci.role Apt. K202, Port Saint Luci.e, Fl.ori.da 34952.

   
   

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4. At all ti.me,s meteri.al hereto, Respondent was the p,,;i.mary qualifying a.gent for 7 Bui.J.ding GJ:oup, Inc., which was i.ssued certificate of authorj_ty number OB 62237.

5. Secti.on 489.1195 (1) (al, 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 fi.cl.d work at all sites; and for financial matters, both for the organization

   i.n general and for each specific job.

   
   

6. On or about May 21, 2009, Respondent entered into a contract with George Dempsey ("Complainant") for the construction of a three-car garage to be added to a residential structure located at 28124 S.W. Martin f:lwy., Indiantown, Florida 34974.

7. The contract tota.J.ed apprcx..i.mately $37,500.00, and Respondent accepted approximately $40,200.00.

8. Respondent failed to perform work on the project wi.thout just cause for a period of time exceeding 90 consecutive days.

9. At the time Respondent abandoned the project, the percenta.ge of completi.on was less than the percentage of the total c;,ontract price paid by Complainant,

10. Respondent failed to obtain the applicable building permits and/or i.nspecti.ons requi.red for the project.

    
    

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11. Respondent rece.ved funds from or on behalf of

    
    

    compJ.;,,inant to pay the services, or materials to

    subcontractors who provided labor, he property.

12. Respondent fail od to pay the subcontractors who

    
    

    provided labor, services o Respondent ordered.

13. Respondent's fail

    
    

    i.n a valid claim of li.en

    mF.>,terials to the property, for which

    
    

    r,;; to pay the suocontractors resulted bei.ng filed aga:i.nst the property by

    materialmen and/or subcontractors, includj_ng, but not limited to, Trimlite, Inc. ("Triml· te"), in the &1mount of $11,597.67.

14. Respondent faile to pay Trimlite or otherwise satisfy the lien against the prop rty, and at least 75 days have passed since the date the lien wa recorded.

    COUNT ONE

    
    

15. Petitioner reall ges and incorporates by reference the allegations set forth in paragraphs one through fourteen as though fully set forth her in.

16. Section 489.12 (2) (a), Florida Statutes provides

disciplinary act.ion when:

A contre.ctox who :t:ece.i, ve.s !' e.:. J'..nJ'.. t.Lcd paymentr money tot"ling more th"n O percent of the contri,iC/.; price for repair, reston,t on . must app.ly :fo.1; permits neces.sa..r.y to do wor · within 30 clays after the date p"yment i.s mac/e . . .

l. 7. SectJ.on 489.12" (1) (i), Flori.. da Statutes., provi_des disciplinary action for, "Fa.i.linci in any ma.terial respect to

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comply with. the provi.sions of th.i.s part or vioJa.ting a rule or lawful order of the board.ll

1. Based upon the facts set forth above, Respondent

   
   

   violated Secti.on 489. 129 (1) (i), Florida Statutes, by faill.ng to comply wi.th Section 489.126(2) (a.), Fl.oJ:i,dcJ Statutes, in that Respondent ;f;ai.led to obtain necessar;! p,,E·mi ts within 30 days

   after payment was made.

   
   

   COUNT TfrJO

   
   

2. Petitioner realleges and incorporates by reference the allegations set ;f;orth in paragraphs one through fourteen as though fully set forth herein.

3. Based on the foregoing, Respondent violated Section

   
   

   489.l.29 (l.l (g) 1., Florida Sta.t1J.tee;;,. by committing ;f;inancial mismanagement or m.isconduct 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 cu.stome;c for ,;;1.1pplies or services ordered by the contractor for the custoro.e.,:' s job; the contractor has received funds from the cu. tomer- to pay :Eor the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days a:Eter the date of such liens.

   COUNT THREE.

   
   

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4. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fourteen as though fully set forth herein.

5. section 489.129(1) (g)Z,, Ylorid.&1 statute:o, prohibits

   financial mi:omanagement or misconduct, which occurs when:

   Tl1e cont.ractor ha.s a.bandoned a cust,,mer's _job and the percentage o.f compJ.etion .i.s ).e.<;;s i:han the pe1 centage of the total contract price paid to the contractor as of the time o.f abandonment.

   
   

6. Based upon the :r:acts set forth above, Respondent

   ,riolated section 489.J.29(1) (g)2 .• Statutes, by

   abandoning a customer's job when th.e pel'.·centa.ge of cc)mpletion is

   
   

   less than the percentage of the total contract price paid.

   COUNT YOUR

7. Petitioner realleges and incorporates by reference the allegatione set forth in paragraphs one through fourteen as though :r:ully set forth herein.

25. Section 489.J.29(1) (j),

part, provides discipline for:

Florida statutes, cited J.n

".1\bandoning a construction

project in which the contractor is engaged or under contract as a contrc1.ctor."

1. Based upon the facts set forth above, Respondent violated sect:Lon 489.129(1) (j), FJ.o.i:i,ca .su,.tutes, by failing to perform work on tlle project for a period greater than 90 days without just ca.u,se or proper. notifica,t:l.on.

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   COUNT FIVE,

   
   

2. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set

   :Earth herein.

3. Based on the foregoing, Respondent violated section 489.12911) (o), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and

inspections.

COUNT SIX

1. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fourteen as though fully set forth herein.

2. Section 489.129(1) (m), Florida Sta.tutes, prohibits:

   
   

   "Committing incompetency or miscond1ict in the practice of contracting."

3. Based upon the facts set forth above, Respondent violated section 489. 129 ( 1) (m), Florida Statutes, in one or more of the following ways:

   1. By failing to obtain permits and inspections for the project in viole.tion o:r: Secti.on 489.J.26(2) (a), Florida Statutes.

   2. By committing financial mismanagement or misconduct in the practice of contxacti.ng i.n vi.olati.on of Section

489.J.29 (l) (g)1., Florida Statutes.

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c ) .By cororni. _ . in

g·f-1_ _·,.no ..nc,.,_·c,1 mis..·mc1.ne.g.. ement or misconduct

in the pra.ctice of contracting in violati.on of Section

489.129(1) (g)2., Florida statutes.

1. By abandoning a construction project in violation of section 489.129(1) (j), Florida Statut.r,c;.

2. By failing to obt.a.in a p<2rro,i,t. for the contract as a

contractor, in violation of section 89.129 (J.) (o), Florida Statutes.

WHEREFORE,, Petitioner respect.fully requests the

Construction Industry Li.censi.ng Board enter an Order imposing one or more of the following pen,3.J.t;L,,,:3: place on probation, reprimand the licensee, revoke, su:3pend, deny the issuance or renewal of the certificate of registration, require fi.nancial res ti tut ion to a consumer, impose an ;,.dministrative fine not to exceed $10,000 per violation, require, continuing educa.ti.on,

assess costs associated with investigation and prosecution, impose any or all penalties del.ineah d within Section

455.227 (2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant;. to Cha.pters 4 891 455, Florida Statutes, and/or the rules prorn,1lgated thereunder.

[SIGNATURE PAGE FOLLOWS]

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:OBl?R V. U:ndapher

2010 036760

Administrat.'i.ve Cornpla.:i.nt

Signat\l,:r,e Page

Signed this 25th day oC January, 2011.

CHARLIE, LH;M, Secreta.ry Department of Business and

Professional Regulation

By:        Pau( :Natfian <R,encffeman   Pa.ul Nathan Rendleman ABsistant General Counsel Fl. Bar No. 84604

Department of Business and Professional Regulation

Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallah,.,sse"'' F'L 32399-2202

(850) 488-0062 Office

PC Found 01/25/2011 Wilford/Kalmanson

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NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance wit!,. Sections 120.569 and 120.57, Florida statutes, to be represented by counsel or other qualified )'."epresenta.tive, to present evidence a.nd argument, to call and cross-examitiB witnesses and t.o have subpoenas and subpoenas duces tecum issued on his or h,:cr behalf if a hearing

i.s requested. Rul.e 28-106. 11l, Florida Admi.nistra.tive Code, provides in part that if Respondent fails to reqiiest a hearing within twenty-one (21) days of receipt cf an agency pleading, Respondent waJ.ves the right to request ,at hearing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investi.gati.on and prosecution of this matter. Pursuant to Secti.on 455.227 (3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the i.nvestigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other disc:i.pl ine i.mposed.

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Docket for Case No: 11-003054