- ‘ : ; : : e | PP gnats ae chy nthe tesa “O- |- B9S4PL riLED O1OCT-1 PH 1:54 DIVISION OF ADMINISTRATI HeaRneg t= STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS “AND PROFESSIONAL REGULATION, Petitioner, , . . Case No. 99-05717 ~ vs. . GLENN L. MUSTAPICK, Respondent. / ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL si REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GLENN L. MUSTAPICK, ("Respondent"), and says: ~~ : an 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant ‘to Section 2 “465, Florida Statutes, and Chapters 455 and 489, Florida Statutés7~ ; 2. oR Respondent is, and has been at all times material epunmigianne tot hereto, a Certified Residential Contractor, “in “the State of Florida, ‘having ‘been “issued license “number CR 040917. 3. Respondent ' s last known address is 3826 Buttercup Circle, South, Palm Beach Gardens, Florida “3341 Ae At all times material hereto, Respondent was the RRL naa a a — aoa licensed qualifier for K.M. Homes, ‘Inc. (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. 5B, On or about December 8, 1995, the Contractor contracted with Suzanne Beck (hereinafter referred to as “Customer”) to construct a home on the Customer’s lot, Lot 6, Woodland Estates. North, Palm Beach County, Florida a/k/a 5661 Satinwood Court, Jupiter, Florida, for $133,500.00. 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 Customer to pay a deposit of $5,000.00 upon execution of the contract, to pay $8,350.00 upon issuance of the building permit, and to pay the balance of the contract price pursuant to a draw ‘schedule. “Accordingly, the we ~~ Customer made payments to the Contractor on or about the following dates and in the following amounts: - Date “Bmount ar 000.00 8,350.00 5,643.09 5,030.88 12,051.05 9/18/96 12,051.05 10/1/96 12,051.05 10/11/96 12,051.05 7 11/7/96 12,051.05 11/26/96 12,051.05 11/26/96 = _12, 051.05 $108,381.32 Total ‘the Customér’s contract. 8. The Contractor failed to inform the Customer clearly and conspicuously in writing how and where to file a claim and an explanation of the consumer’s rights under the Construction Industries Recovery Fund as required by Section 489.1425(1), Florida Statutes (1995). ~ 9. During the period from August to December, 1996, the Contractor performed or attempted to perform, but did not complete, the work called for by the contract, and the Customer made ald draw payments as they became due, in accordance with the progress of the work and the draw schedule. Sometime in December 1996, 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 voces ag aS di. The Contractor’s subcontractors and materialmen “yecorded ‘liens ” on the ‘Customer’ s 5 property, “as follows: Date 1/28/97 1/17/97 1/17/97 1/17/97 1/17/97 2/7/97 2/7/97 2/12/97 1/14/97 2/27/97 2/4/97 2/11/97 1/15/97 1/6/97 - 1/14/97 1/6/97 Amount 1,450.00 520.40 3,207.00 2,534.75 3,360.00 © $ $ $ $ $ $ 2,936.20 $ 1,275.00 $ 3,640.00 $ 8,280.00 $ 252.00 $ 279.00 $ 1,959.26 $ 75.00 $ $ $ 385.00 1,870.70 2,625.00 Name of Lienor James Velix Bobcat Service K.D. Installation, Inc. Q.C. Cabinet Systems, Inc. Paul Temple Painting ~ Sasso Air Conditioning, Inc. Florida Builder Appliances, Inc. Mc D Sprinklers, Inc. Pollard Electric, Inc. J.W. Hodges Drywall Textures, Inc. Cc & D Construction Tideway Construction Company, Inc. Builder Direct Carpet Sales James M. Webster dba Rain Flow of South Florida American Alum. & Insul. Fireproofing Co., Inc. Rizzo Tile & Marble, Inc. Buckeye Plumbing, Inc. The Contractor never removed any of the foregoing liens by payment or by bond or by any other means. “The Customer removed oo. SLx of the Liens by making payments on or about the following dates, in the following amounts, to the “following lienors: Dete 3/11/99 3/11/99 3/11/99 3/11/99 6/18/97 10/19/99 Amount $ 2,250.00 $ 1,870.00 $ 2,000.00 $ 4,000.00 $ 2,625.00 $ 3,360.00 $16,105.00 Name of Lienox Paul Temple Painting Rizzo Tile & Marble, Inc. Builder Direct Carpet Sales J.W. Hodges Drywall Textures, Inc. Buckeye Plumbing, Inc. Sasso Air Conditioning, Inc. Total “4, 12. After the Contractor stopped working, the Customer took over the permit as owner builder and completed the home, expending an additional $22,157.00. 4 an ves . Me os “ sab tye bohealet lad Seca ches Spe gee erie ae wees Ob pie ter imadie COUNT I 13. Petitioner realleges and incorporates the allegations set forth in Paragraphs one ", Ehrough thirteen as though fully ‘set “forth in this Count ‘I. 14. Based on the foregoing, the Respondent violated Section 489. 129(7) (h) 1s, Florida Statutes (1995), by committing . mismanagement or misconduct in the practice of contracting that causes ‘Einancial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the roperty of a contractor's customer for supplies or services Pp y 5 EC ordered by the contractor for the customer's job; 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. COUNT il 1S... Petitioner realleges and incorporates the allegations | ‘set forth. in paragraphs one > through thirteen .88 though fully set forth in this Count IT Pased. on the foregoing, the Respondent is guilty of having violated ‘Section (489. 228 (7) (8) 3 Florida Statutes (1995), nme Anaahat REE eae memati 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 r 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 “though fully set forth in this Count Iv. . / 20. Based on the foregoing, the Respondent is guilty of ; «haying Violated Section 489. PAPAL) GD 1, florida Statutes (1995) by tS having failed in any material respect to « mply w: ith the 7 provisions of Part I of Chapter 489, Florida Statutes, by violating Section 489.1425(1), Florida Statutes (1995). COUNT V 21. 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 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. WHEREFORE, Petitioner respectfully request 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 ox 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 I LEAL ASA ne 2 ea crmmsnnercl “ey the rules promulgated as t Signed this If day of , 2001. Kf A. CRABILL Assistant General Counsel FILED Dapertment of Business and Professional Regulation DEPUTY CLERK Theodore R. Gay 4 . Assistant General Counsel cuca eerdont Michels Department of Business and Professional Regulation DATE 1-27-2200 | 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 COUNSEL FOR DEPARTMENT: TRG/ 3/29/01 Case #99-05717 (ep 2[28[01 Husband + Karp ee ee

Docket for Case No: 01-003834PL

Orders for Case No: 01-003834PL