ie lacs tec teeidianatiiatiial As Rina: Bie a “ae 81007. Respondent’s address of record is 437 Ricold Terrace, Port Charlotte, Florida 33954. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION, Obs 4S4PL Petitioner, vs. , ; Case No. 99-07857 MARC S. LUSARDI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARC S. LUSARDI, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant { to Section 20 165, Flor ida Statutes, and Chapters 455 and 489, Florida Statutes. 7 2. "Respondent is, and has been at all times ‘material hereto, a Cenified Residential Contractor, in the ‘State of Florida, having been jssued license ‘number CR C021188, currently in active status. 3. ~ Respondent is also currently a Ticensed contractor i in Pueblo, Colorado. 4, Respondent’ last known address i is 182 East st Byrd Drive, Pueblo, Colorado, fp ceeeeep pee feo he Gite RRS “ number, SIRI RE HR aaa pa ae Mp ris HEE SB 5. At all times material hereto, Respondent was licensed to qualify Crestwood Construction. 6. At no time material hereto did Respondent possess a certificate of authority to practice contracting as Crestwood Construction. 7. 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. 8. On or about August 22, 1998, Edward Kolba, doing business as Crestwood Construction, entered into a.contract with Robert H. and Doris La Bar to build a house at 27421 Neaptide Drive, Punta Gorda, Florida. . 9. The contract price was $79,994.00 and Kolba was paid a total of $49,596.28. 10. Kolba is unlicensed and running the daily operations of Crestwood Construction. He is also listed as the President of Crestwood Construction. Respondent is listed as the Vice- _ President of Crestwood Construction. 11. The permits obtained for the project listed Respondent’s name and license aden numerous Fequests to Crestwood Construction, over a one : 12, ‘Nations Bank n year period, ¢ to © pode a date when construction would be finished, their home. 14. Neither Crestwood Construction or Respondent provided the requested information to Nations Bank. 15. Due to the failure to provide information, Nations Bank froze the La Bar’s disbursement account, and Kolba filed liens against the La Bar’s property. | COUNT I . 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fifteen as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT IT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(e), Florida Statutes, by knowingly combining or r conspiring with an uncertified or unregistered person by allowing ‘his or her certificate, registration, or certificate of authority to be used by the uncertified | rganizations witho having any active participation in the operations, ns; management, or control of such business organizations, such ¢ act constitutes prima facie evidence ofa an intent to evade the on provisions of this part. COUNT III 20. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1)G@), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project 1 may y 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. COUNTIV . 22. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida - Statutes, by committing incompetency or misconduct in the practice of contracting. COUNTY : 24. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 455.227(1)(p), Florida Statutes, by delegating or contracting for the performance of professional responsibilities by a Person when the licensee delegating 0 or + contracting for ‘performance of such responsibilities or has teason to know, such person is not qualified by training, experience, and “authorization when required to perform them. through Fifteen as though fully set forth herein, a, Section 489. 1242), Florida Statutes, provides that a certificateholder’ $s or SI i dod ansaid sich tied deanna indie exceed 85, 000° per “vio ation, registrant’s failure to notify the department of a change of address or phone number shall constitute a violation of this section. 28. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida © Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. . COUNT VII 29. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 30. — Section 489.119(2), Florida Statutes, provides that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or 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 name, if any. 31. Based on the foregoing, Respondent violated Section 149.129(1)G), Florida. Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board. Board enter 2 an 1 Order imposing one or more of the fllowing penalties “place on n probation, reprimand the licensee, revoke, suspend, deny the issuance or Tenewal of the certificate or ; registration, require financial restitution to a consumer, » impose « an administrative fine not to investigation and prosecution, impose any or all penalties delineated within Section 455 .227(2), WHEREFORE, Petitioner respect requests ‘the Construction Industry Licensing - require continuing ‘education, assess costs associated with Tr aoahdidamonteed + . 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. a} ! Signed this | 3 te day of 1 2001. ~ COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Holley Attorney Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ' JIM/ACH 99-07857 Pcp: January 31, 2001 ~ Alford & Borgemeister p J rd Cw So By: John J. Matthews Assistant General Counsel Department of Business and Professional Regulation AGENCY CLERK cuRK Soyedy Waban am 2-19-8090 | DATE, =

Docket for Case No: 01-003454PL