UA STIX 0 Uy STATE OF FLORIDA hyp & Tf) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ‘6 As CONSTRUCTION INDUSTRY LICENSING BOARD “ AG. By Sip, Th 2: 2 DIVISION I oS S727 Om v 7, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2001-00654 LOUIS V. SALVATI, d/b/a Individual, Respondent. | ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against LOUIS V. SALVATI, ("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 residential contractor in the State of Florida, having been issued license number CR C057183. 3. Respondent's last known address of record is 1560 San Roy Drive, Dunedin, Florida, 34698. 4. At no time material hereto was Respondent a qualifying agent, for Master Craft Design, Inc., (“MCDI’), a Florida corporation, nor was he an officer, director, or employee of MCDI. 5. On or about May 15, 2000, Janet Warsing, (hereinafter, "Warsing"), entered into a as contract with Thomas Kilgore (“Kilgore”), d/b/a MCDL, whereby Kilgore was to renovate, and install at the residence located at 74 North Shore Drive, Anna Maria, Florida. windows and screens, rk on the construction s but performed no other wo 6. Kilgore ordered the window ct, then filed for bankruptcy and did not complete the project. had worked as 4 subcontractor proje under Kilgore and approached Warsing, 7. Respondent offering to complete the project. 0, using a MCDI form, Respondent entered into a contract 8. On or about August 13, 200 o complete the work on the Warsing project. nt’s contract with Warsing did t not contain his license number. 9. Responde 10. The total contract price was $8,266.00. ndent a total of $5,500.00, which amount represents 11. Warsing paid Respo approximately 67% of the contract price. 12. On or about September 11, 2000, Respondent procured @ permit for the Warsing project under Kilgore’s license, using the name of MCDL. 13. Onor before February 20, 2001, Respondent ceased work on the project. 14, The Warsing project was only 40% complete when Respondent ceased work. 1, following inspection of the Warsing project by the On or about February 20, 200 artment, 7 puilding code violation: 15. s were identified, and further, City of Anna Maria Building Dep that all construction must be removed and redone. roject, OF perform the necessary repairs, for 90 16. Respondent failed to complete the p’ consecutive days after he ceased work on the project. third contractor the sum of $9,000.00 to complete the project. 17, Warsing paid a COUNT I 18, Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 19. Section 455.227(1)\(a), Florida Statutes, states that disciplinary action may be taken against a licencee for making misleading, deceptive, or fraudulent representations in or related to the practice of a licensee’s profession. 20. Based on the foregoing, Respondent violated Section 489,129(1)(c), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 455, Florida Statutes, by having violated Section 455.227(1\(c), Florida Statutes, by entering into a contract using the name of a corporation, specifically MCDI, that he does not qualify nor of which he is an officer, director, or employee, and further, by obtaining a permit under another contractor’s license and under the business name of MCDI. COUNT IT 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 22. Section 489.119(6)(b), Florida Statutes, states in part that the license number of each contractor shall appear each offer of services, business proposal, bid, contract, or advertisement. 23, Based on the foregoing, Respondent violated Section 489,129(1)Q), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part J, Florida Statutes, by having violated Section 489.119(6)(b), Florida Statutes. COUNT DL 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is under contract. A project may be presumed abandoned if the contractor fails to perform work without just cause for 90 consecutive days. COUNT IV 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 27, Based on the foregoing, Respondent violated Section 489. 129(1)(g)2., Florida Statutes, by committing mismanagement Or misconduct in the practice of contracting where 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, as here, where the job was only 40% complete after about 67% had been paid. COUNT V | 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 29. Based on the foregoing, Respondent violated Section 489. 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, due to the substandard work performed on the: Warsing project. 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 Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. ) PCP: January 30, 2002 Wh Robert A. Crabill Husband/McKitrick COUNSEL FOR DEPARTMENT: Patrick L. Butler Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 PLB/bmr Case # 2001-00654

Docket for Case No: 02-001992PL