vd I d Final Order No. BPR-2001-00867 —D: Final Order No. - _ ate: FILED 3-6-6) Department of Business and Professional Regulation AGENCY CLERK Sarah Wachman, Agency Clerk . STATE OF FLORIDA »» Olerdont n. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CHRISTOPHER KISELIUS, a QO ot Ap “e Petitioner, | De KZ . Bb yA -vs- CASE NO.: 99-16862%. ce) DEPARTMENT OF BUSINESS AND f ne. on 2. PROFESSIONAL REGULATION, PUN 0S 91608 S CONSTRUCTION INDUSTRY 00-0024 LICENSING BOARD, Respondent, / FINAL ORDER THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Sections 120.57(1)(k), (I) and 489.143, Florida Statutes, as well as Rule 61G4-21.004, F.A.C., on November 10, 2000, in Palm Beach Gardens, Florida, for consideration of the Recommended Order issued by the Administrative Law Judge (hereinafter referred to as the “ALJ”), Respondent Construction Industries Recovery Fund’s Exceptions to Recommended Order, and Petitioner’s Exceptions to Recommended Order, copies of which are attached hereto and incorporated herein by reference. The parties were duly notified of the hearing. At the hearing before the Board, the Petitioner was present, but he was not represented by counsel. Respondent was represented by G.W. Harrell, Assistant General Counsel. Upon consideration of the ALJ’s Recommended Order, the arguments and exceptions filed by the parties, and after a review of the complete record in this matter, the Board makes the following findings: FINDINGS OF FACT 1. The ALJ’s Findings of Fact are hereby approved and adopted in toto. 2. There is competent, substantial evidence to support the ALJ’s Findings of Fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Part |, Florida Statutes. 2. The Board hereby rejects Petitioner’s Exceptions to Recommended Order. 3. The Board hereby accepts Respondent's exceptions to paragraphs 71, 72, 73, and 74 of the Recommended Order, for the particular reasons set forth in the Respondent’s Exceptions to Recommended Order, which it adopts and incorporates by reference. This interpretation, as set forth in Respondent's exceptions, is as reasonable or more reasonable than that set forth in the Recommended Order. 4. The rest of the ALJ’s Conclusions of Law are hereby approved and adopted in toto. 5. There is competent, substantial evidence to support the Board’s Conclusions of Law. RECOMMENDATION 1. Paragraph 1 of the ALJ’s recommendation is hereby approved and adopted in toto. 2. Paragraph 2 of the ALJ’s recommendation is hereby rejected on the ground that the Board finds that Petitioner is the “licensee” whose license is subject to automatic suspension pursuant to Section 489.143(7), Florida Statutes. THEREFORE, IT 1S ORDERED AND ADJUDGED: 1. That the Findings of Fact and Conclusions of Law shall be as set forth herein. 2, That the following claims be GRANTED or DENIED as set forth herein: a. In DOAH Case No. 99-1665, finding Eugene Santibanez and Alexander Pappas eligible for payment from the Fund in the amount of $17,675.00, in satisfaction of a final judgment against Pool Masters, Inc.; b. In DOAH Case No. 99-1666, finding Klaus and Lucrecia Mueller eligible for payment from the Fund in the amount of $1 3,299.51, in satisfaction of a final judgment against Pool Masters, Inc.; c. In DOAH Case No. 99-1667, finding Mario and Martha Alboniga eligible for payment from the Fund in the amount of $10,541.77, in satisfaction of a final judgment against Pool Masters, !nc.; d. In DOAH Case No. 99-1668, finding Salvator Militello and Sharon Sidorski eligible for payment from the Fund in the amount of $15,185.68, in satisfaction of a final judgment against Pool Masters, Inc.; and e. In DOAH Case No. 00-0024, dismissing the claim of Jack and Linda Tieger for payment from the Fund. 3. In accordance with Rule 61G4-21.005, F.A.C., the Secretary of the Florida Department of Business and Professional Regulation is hereby directed to pay the claimants’ claims from the Fund after forty-five (45) days from the date upon which this Order is filed with the agency clerk, assuming there are no further appeals filed pursuant to Section 120.68, Florida Statutes. 4. Pursuant to Section 489.143(6), Florida Statutes, upon payment of the claimants’ claims from the Fund, Petitioner’s licensure to practice contracting is hereby AUTOMATICALLY SUSPENDED without any further administrative action. Petitioner’s licensure shall not be reinstated until he has repaid in full, plus interest, the amount paid from the Fund. 5. Pursuant to Section 489.143(2), Florida Statutes, upon claimants’ receipt of payment from the Fund, claimants’ right, title, and interest in their judgments against Petitioner, to the extent of the amount of payment from the Fund is hereby assigned to the Construction Industries Recovery Fund. Thereafter, the Board shall be subrogated to the right, title, and interest of the claimants, and any amount subsequently recovered on the judgment by the Board to the extent of the Board’s right, title, and interest shall be for the purpose of reimbursing the Fund. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation. AL DONE AND OREDERED this Oo day of ~ PAUL T. McKITRICK, Chair Construction Industry Licensing Board CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Order has been provided by U.S. Mail to: Alan A. Glenn, Esq., 13727 SW 152 Street, Suite 366, Miami, Florida 33177; Christopher Kiselius, 6715 SW 25" Street, Miami, Florida 33155; Andrew T. Trailor, Esq., Burger & Traitor, 8603 South Dixie Highway, Suite 303, Miami, Florida 33143; Paula Tieger, 1432 SW 158 Avenue, Pembroke Pines, Florida 33027; G.W. Harrell, Assistant General Counsel, Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792; and to the Construction Industry Licensing Board, 7960 Arlington ann Suite 300, Jacksonville, Florida 32211-7467, on or before 5:00 p.m., this Gin day of { Y larch. 2001. 5 OA

Docket for Case No: 99-001668

Orders for Case No: 99-001668