dees ka. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No. 99-07868 WILLIAM TODD NICUSANTI Respondent. -! : ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Compiaint before the Construction Industry Licensing Board, against WILLIAM TODD NICUSANTI, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuani to Section 20.165, Fi lorida 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 C058397. 3. Respondent's last known address is 2120 Harbor Road, Naples, Florida 34101. 4. At all times material hereto, Respondent was the qualifying agent for Cambridge Communities. rower: blac, 5. Section 489.1195(1)(a), Florida Statues (Supp. 1998), 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. 6. On or about January 2, 1997, Respondent, d.b.a. Cambridge Communities, entered into a contract with Darien Greco (hereinafter "Greco"), whereby Respondent was to construct a residence and guest house at 682] Hunters Road, Naples, Florida. 7. The contract price was $330,445.00, of which Greco paid Respondent $285,305.00. 8. On or about October 30, 1997, Respondent abandoned the project after receiving approximately eighty-six (86) percent of the contract price and completing only seventy (70) percent of the project. ) 9. On or about April 23, 1999, Greco obtained an arbitration award against Cambridge Communities in the ¢mount of $163,664.00, COUNT T 10. _— Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 11. Based on the foregoing, Respondent violated Section 489.129(1)(h)2., Florida Statutes (Supp. 1996), by committing mismanagement or misconduct in the practice of contracting that caused 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 Jess than the percentage of completion is less tan the percentage of the total contract price paid to the contractor as of the time of abandonment. rr Teer cn or core re er coat. kab kde Sk eae Sa ae COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489.129(1)(k), Florida Statutes (Supp. 1996), by abandoning a construction project in which he was engaged or under contract as a contractor. A project may be presumed abandoned after ninety (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 ninety (90) consecutive days. 14. Petitioner. realleges and. incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 15. Based on the foregoing, Respondent violated Section 489.129(1)(n), Florida Statutes (Supp. 1996) by committing incompbetency 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 — on Pe Se nme ge Sore rae Srpemen PERE HEE rar Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this COUNSELS FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Erica D. Glover : Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 82399-2202 ems a EDG/bjb Ot i Case # 99-07868 PCP 4-Ar O00 dul rs il day of _Oetebe , 2000. Ss) him ———— By: John J. Matthews Assistant General Counsel FILED Department of Business and Professional Regulation DEPUTY CLERK aE A000. reper

Docket for Case No: 02-000068PL