STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ~ DIVISION I CO _-ZwT “al DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 99-03506 KATHLEEN P. VENTIMIGLIA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against KATHLEEN P. VENTIMIGLIA, ("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 Pool/Spa Contractor, in the State of Florida, having been issued license numbers CP C022511. 3. Respondent's last known address is 15270 Briar Ridge Circle, Fort Meyers. Florida 33912. pre *) ») WU . wo) 4. At all times material hereto, Respondent was the licensed qualifier for Mirage Pools, Inc. (hereinafter referred to as "Mirage Pools"). 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 around September 16, 1998, Tina and Todd Levan (hereinafter referred to. as “Customers”) contracted with Mirage Pools to construct a pool at their residence located at 250 Carica Road, Naples, Collier County, Florida. 7. The contract price for the above-described work was $3 1,636.50. 8. The contract between the Customers and Mirage Pools contained one-year warranty for materials and workmanship. 9. On or around September 30, 1998, Mirage Pools applied for and received permit number 1998091932, for construction of the pool at the Customers’ residence, from the Collier County Board of County Commissioners. 10. The Customers made all the agreed payments to Mirage Pools for the total amount of $31,639.20, with the final payment on January 30, 1999. 11. Mirage Pools obtained final inspection on the Customers’ pool project on or f around February 24, 1999. 12. On April 24, 1999, the Customers provided Mirage Pools with a list of twenty seven items that required repairs and corrections; the Customers were entitled to those repairs and corrections under the one-year warranty clause in the contract. UY WY 13. Mirage Pools failed to respond to the Customers’ warranty claim. 14. Failure to honor warranty constitutes misconduct in the practice of contracting. 15. Section 489.119(2), Florida Statutes (1997), provides that “Cijf the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or any other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious business name, if any. 16. The Contractor failed to apply for certificate of authority through its qualifying agent. 17. Section 489.1425, Florida Statutes (1997), provides in part that, [aJny 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. 18. The Contractor failed to include such written statement in the Customer’s contract. 19, Section 489.119(6) provides in part that “[t]he registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting.” 20. ‘The contractor failed to include certification number on the contract with the Customers. y Dy VY ww) . COUNT! 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth in this Count 1. 22. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (1997), by committing incompetency or misconduct in the practice of contracting by failure to honor Customers’ warranty. COUNT 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth in this Count II. 24, Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1997), by failing in any material respect to comply with Section 489.119(2), Florida Statutes (1997). COUNT Ii 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth in this Count III. 26. Based on the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (1997), by failing in any material respect to comply with Section 489.1425, Florida Statutes (1997). COUNT IV 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth in this Count IV. 28. Based on the foregoing, the Respondent violated Section 489.129(1)@), Florida » » VY U Statutes (1997), by failing in any material respect to comply with Section 489.1 19(6)(b), Florida Statutes (1997). 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 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. Signed this 7? dayof Vopr crm An , 1999. La rb F Oana By: Cathleen E. O’Dowd Lead Attorney COUNSEL FOR DEPARTMENT: F | Dorothy Trzeciecka agg and Professional Regulation Senior Attorney Department of Busi CLERK Department of Business and . DEPUTY Professional Regulation . iM Jlicholt 401 N.W. 2™ Avenue, No. N-607 cere nardin , Miami, FL 33128 f - ~- DATE 0 | > 99 DT Case #99-03506

Docket for Case No: 00-002678PL