ee. i ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 98-21290 vs. 70-3046 DOMINICK C. SARLO, Respondent. / _ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against DOMINICK C. SARLO, ("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 General Contractor, in the State of Florida, having been issued license number CG C016708. 3. Respondent's last known address is 1170 AlA, #305, ‘ WU Nw, Hillsboro Bgachy Florida 33062. 4, At all times material hereto, Respondent was the licensed qualifying agent for Four Seasons Shutters, Inc. (hereinafter referred to as "Contractor") and was therefore responsible for the acts, omissions, and financial responsibility of the business as it relates to contracting. 5. At all times material hereto, the Contractor failed to obtain certification or registration as, or obtain a certificate of authority as, a business organization as required by Section 489.119(2), Florida Statutes. 6. On or about June 12, 1997, the Contractor contracted with Caryl Connel to install hurricane shutters on Connell’s residence at 628 Edgewater Drive, Deerfield Beach, Florida 33442, for $3,326.00. COUNT I 7. Petitioner xealleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth in this Count I. 8. Based upon the foregoing, the Respondent is guilty of having violatied Section 489.129(1) (3), Florida Statutes (1995), by having failed in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. 9. The Respondent’s license number did not appear in the contract as required by Section 489.119(5) (b), Florida Statutes (1995). poe COUNT II 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and nine as though fully set forth in this Count II. ll. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (j), Florida Statutes (1995), by having failed in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. 12. The contract did not contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, as required by Section 489.1425, Florida Statutes (Supp. 1996). . COUNT III 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twelve as though fully set forth in this Count III. 14. Based upon the foregoing, the Respondent is guilty of having violatied Section 489.129(1)(j), Florida Statutes (Supp. 1996), by having failed in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes. 15. Pursuant to the contract, the Contractor was to receive payment of a deposit of $1,663.00, with the remainder of the contract price due upon completion of the work. The Contractor WU WY received payment of the $1,663.00 deposit on or about June 12, 1997. On or about June 35, 1997, the Contractor received a second payment, in the amount of $450.00. 16, The Contractor performed or attempted to perform the contracted work, beginning on or about September 1997 and ending without completing the work on or about October 1997, 17. Thereafter, the Contractor failed, without just cause or notice to Connell, to perform further work. COUNT IV 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and fifteen through seventeen as though fully set forth in this Count IV. 19. Based upon the foregoing,. the Respondent is guilty of having violated Section 489.129(1)(k), Florida Statutes (1995) by having abandoned 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. 20. At the time that the Contractor discontinued work on the Connell residence shutter installation project, the Contractor had received payments totaling $2,113.00, or approximately 64% of the total contract price. At that time the UW VA work was approximately 8% complete based upon an estimate by Complete Hurricane Protection, Inc. dated September 11, 1998, to correct and complete the Contractor’s work, for $3,050.00. 21. The Contractor failed to return the excess funds to Connell. COUNT V 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six, fifteen through seventeen, and twenty through twenty-one as though fully set forth in this Count V. 23. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (h)2, Florida Statutes (1995) 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 refunds the excess funds within 30 days after the date the job is abandoned. 24. On February 11, 1998, Connell obtained a civil judgment in her favor and against Four Seasons Shutters, Inc., Dominick Sarlo, and Nicole Sarlo in Case No. SS97-21994 RD in the County WU Nv) Court in and for Palm Beach county, Florida, in the principal amount of $2,616.00, plus ‘costs in the amount of $281.00 and attorneys fees in the amount of $700.00, for a total of $3,597.00. 25. The Contractor has failed to satisfy the judgment. COUNT VI 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six, fifteen through seventeen, twenty through twenty-one, and twenty-four through twenty-five as though fully set forth in this Count VI. 27. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (rx), Florida Statutes (1995) by having failed to satisfy within a reasonable time the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. 28. At all times material hereto, CILB Rule 61G4- 17.001(14) (b), Fla. Admin. Code, has provided that the violation of any provision of Chapter 489, Part I, Florida Statutes constitutes misconduct or incompetency in the practice of contracting as set forth in Section 489.129(1) (n), Florida statutes. COUNT VII 29. Petitioner realleges and incorporates the allegations Uy = 7 set forth in paragraphs one through six, eight, nine, eleven, twelve, fourteen through seventeen, nineteen through twenty-one, twenty-three through twenty-five, and twenty-seven through twenty-eight as though fully set forth in this Count VII. 30. Based upon the foregoing, the Contractor is guilty of having violated Section 489.129(1) (n), Florida Statutes (1995) by committing incompetency or misconduct 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 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 O27 day of —_ \ At , 1999. Department of Business and Professional Requiatt ; a7 DEPUTY CLERK CHIEF ATTORNEY ERK WMTlichele CR pe at? U , COUNSEL FOR DEPARTMENT: -: Theodore R. Gay Senior Attorney Department of Business and Professional Regulation 401 NW 2ND Avenue #N607 Miami, FL 33128 (305) 377-7115 TRG/sb 5/12/99 Case #98-21290

Docket for Case No: 00-003046PL