, U Qe Nw Ay STATE OF FLORIDA & e “Sf DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION & “ie, CONSTRUCTION INDUSTRY LICENSING BOARD Dp <9 ™ DIVISION IT. dof, ty 4a Sy Vs) EMS Dy ve DEPARTMENT OF BUSINESS AND oplig Se . “oni Py PROFESSIONAL REGULATION, ae A092 OAL. Petitioner, Case No. 98-01778 vs. CHRISTOPHER PAUL KISELIUS, Respondent / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHRISTOPHER PAUL KISELIUS, ("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 number CP C029649. 3. Respondent's last known address and address of record is 6715 S.W. 25 Street, Miami, Florida 33155. 4. At all material times hereto, Respondent was licensed as qualifying agent for Pool Masters, Inc. (hereinafter referred to as “Contractor), and as such was responsible for the acts, omissions, and financial conduct of the business as it relates to contracting. 5. .On or about June 3, 1996, Contractor contracted with RENEE and LOUIS ABASCAL (hereinafter ABASCAL) to construct a pool and patio at 2527 Monroe Street, Hollywood, Florida. 6. The contract price was $28,000.00. 7. Contractor obtained Building Permit No. B9605698 from the City of Hollywood, Florida Building Department for the job. 8. Work commenced and sometime in December, 1996, ABASCAL discovered that the main drain cover was not correctly installed in that it was not secured properly. Contractor was notified by ABASCAL in a letter dated March 4, 1997 of the drain cover and other problems concerning the workmanship which needed to be corrected. 9. On or about July 1, 1997, ABASCAL sent another letter to Contractor as the aforestated problems had not yet been addressed by Contractor. 10. Contractor failed to return to the project thereby abandoning it without just cause and without proper notification to ABASCAL. Said abandonment continued for at least 90 consecutive days. we U 11. ABASCAL paid 100% of the contract price and the work completed by Contractor was less than 100% as the pool did not have a passing final inspection and/or certificate of occupancy. 12. Contractor failed to call for a final inspection on the ’ aforesaid Building Permit. 13. Chapter 489.119(6) (b), Florida Statutes, provides that the 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 the medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. The aforesaid contract failed to contain Respondent’s certification number. 14. Chapter 489.1425 (1), Florida Statutes (1997), provides that any 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 $2,500.00. The aforesaid contract failed to include the required written statement. COUNT _Z ‘15. Petitioner realleges and incorporates the allegations ; Uo O set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Based on the foregoing, Respondent violated Chapter 489.129(1) (k), Florida Statutes (1997), by abandoning a. construction project in which the contractor is engaged or under contract aS a contractor. A project may be presumed to be 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. COUNT _ IT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count II. 18. Based on the foregoing, Respondent violated Chapter 489.129(1) (h)2, Florida Statutes (1997) 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 Wo, oe within thirty days after the job is abandoned. COUNT III 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count III. 20. Based on the foregoing, Respondent violated Chapter 489.129(1) (j), Florida Statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.119(6) (b) in failing to include his certification or registration or certificate of authority number on the aforesaid contract. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty as though fully set forth in this Count IV. 22. Based on the foregoing, Respondent violated Chapter 489.129(1) (3), Florida Statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489 Florida Statutes by violating Chapter 489.1425 (1), Florida Statutes (1997) in failing to include a statement in the contract explaining the Construction Industry Recovery Fund. COUNT_V VV. U 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-two as though fully set forth in this Count Vv. 24. Based on the foregoing, Respondent violated Chapter 489,129(1) (p), Florida Statutes (1997) by proceeding on any job without obtaining applicable local building department permits and inspections. 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 vOiolation, 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 8g COUNSEL FOR DEPARTMENT: Michael D. Soifer Senior Attorney Department of Business and Professional Regulation Rhode Bldg., Phase II 401 NW 2™ Street, N607 Miami, Florida 33128-1765 MDS/sb January 26, 2000 Case #98-01778 day of —Frhrowy 2000. Cahn zk dor By: Cathleen 0’ Dowd Lead Attorney (PeP) Jan 25, 2000 Meith Lawson, or. /€ichord T Cowart FILED Department of Business and Professional Ragutation DEPUTY CLERK ocr nardnt A échele DATE 2 — | G -A000

Docket for Case No: 00-003092PL