riLED O10CT-1 py 1:56 VISION g Abe istRative STATE OF FLORIDA RING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 99-01611 vs. GLENN L. MUSTAPICK, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, .DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GLENN L. MUSTAPICK, ("Respondent"), and says: i. 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 Residential Contractor, in the State of Florida, having been issued license number CR C040917. 3. Respondent's last known address is 3826 Buttercup sare Nepean me pare ee ee ae Circle, South, Palm Beach Gardens, Florida 33410. 4. At all times material hereto, Respondent was the licensed qualifier for K. M. Homes, Inc. (hereinafter referred | to 7 as "Contractor") and was “responsible in “such capacity for all of _its contracting activities. 5. On or about December 11, 1995, the Contractor contracted with Milo Glass and Jerolene Glass (hereinafter. referred to as “Customers”) to construct a home on the Customers’ lot, Lot 207, Stonewal Estates Plat 1, Palm Beach County, Florida a/k/a 11559 Riverchase Run, Palm Beach Gardens, Florida, for $390,795.00. 6. The Respondent’s license number did not appear in the contract as required by Section 489.119(5) (b), Florida Statutes (1995). 7. The contract called for the Customers to pay a deposit _ ae | of $39, 079. 00 upon execution of the contract. Accordingly, the Customers made payments to the Contractor on or about the ee noe following dates and in the following amounts: Bo pate Roun” LL Sn ailgalel oh ea 11/13/95" $ 1,000.00 12/11/95 39,079.00 “$-40,079.00 Total ‘The Contractor failed to inform the Customers clearly Ly and conspicuously in writing how and where to file a claim and an explanation of the consumer's rights under the Construction i the. following amounts, ‘to the - followin Industries Recovery Fund as required by Section 489.1425(1), Florida Statutes (1995). a The Contractor performed or attempted, to perform, but did not complete, the work called for by the contract. Sometime in January 1997, the Contractor terminated the contract without just cause and thereafter performed no further work, 10. On February 3, 1997, the Contractor filed a voluntary Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Southern District of Florida, Case No. 97~30498- BKC-SHF. The Contractor's trustee in bankruptcy never assumed the Customers’ contract. ll. The Contractor’s subcontractors and materialmen recorded liens on the Customers’ property, as follows: Date Amount Name of Lienor 1/17/97 s 925.00 Sasso Air Conditioning, Inc. 1/23/97 $ 750.00 Electrical Express, Inc. 1/28/97 $ 8,353.99 RUG Masonry, Inc. st shan uetooume sane: The Contractor never removed any of the "foregoing liens by Payment. or by bond « or r by any other 3 ‘Means. _ The ‘Customers removed the liens by making | payments on OF about the following dates, in Dete Amount Name of Lienor 7/8/99 $ 925.00 Sasso Air Conditioning, Inc. 6/2/97 $ 750.00 Electrical Express, Inc. 6/20/97 $ 8,353.99 RIG Masonry, Inc. 12. On or about February 1, 1997, the Customers contracted with another contractor, Great Florida Homes, Inc., to finish building the Customers’ home, for $528,007.00, and the home was subsequently completed. couNnT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. cay Ade “Based | on the foregoing, the Respondent violated Section + sotto edaeteenatinines 489. 129(1) (nA) 1 .y 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 valid liens have been “recorded against the property of a contractor’ s customer for supplies or services ordered by the contractor for the customer' s “Sob; the ‘contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the “liens removed from the property, by payment or by bond, within ‘75 days after the date of such liens. oe COUNT It 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count If. i 16. Based on the foregoing, the Respondent is guilty of 2 RS having violated Section 489.129(1)(h)3., 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’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. COUNT III 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count III. 18. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (4), Florida Statutes (1995) by having failed in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes, by violating Section 489.119(5) (b), Florida Statutes (1995). COUNT IV 19. Petitioner realleges and incorporates the allegations set forth in ‘paragraphs one through thirteen as though fully set forth in this Count IV. : remem ements SSS epee We chee as asst 20. Based on the foregoing, the Respondent is guilty of having violated 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, by violating Section 489.1425(1), Florida Statutes (1995). COUNT V 2}. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count v. 22. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (k), Florida Statutes (1995) by abandoning 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, 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. WHEREFORE, Petitioner espectfully requests the Construction Industry Licensing Board enter an order imposing one or more of the following penalties: | place on probation, revoke reprimand the ‘licensee d deny th renéwal of the certificate or registration, require financial oy restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess SRR aE RS ARE AIRS BS oF ER ERE emer SAH MELAS ee ee se ape mi aneemennnet ie 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 ila day of Norah , 2001. fol y ERT A. 10 bd Assistant Generel Counsel FILED COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation DEPUTY CLERK Theodore R. Gay Assistant General Counsel Pr prdet Michels Department of Business and CLERK ot Professional Regulation DATE 4-27-2000 | 401 NW 2 Avenue #N607 ae Miami, FL 33128 (305) 377-7115 TRG/ 3/29/01 Case #99-01611 _ : ie , Sth — Hehond far

Docket for Case No: 01-003833PL

Orders for Case No: 01-003833PL