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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs GRAIG ARCURI, 02-002630PL (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002630PL
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: GRAIG ARCURI
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Jul. 01, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 10, 2002.

Latest Update: Jul. 07, 2024
Division of Administrative Hearings STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I SEN ENALRECULATION, 703 0Fe ; 0 L Petitioner, vs. Case No. 2000-09581 & 2001-00666 GRAIG ARCURL, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against GRAIG ARCURI, ("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 General Contractor in the State of Florida, having been issued license number CG 059991 by the Florida Construction Industry Licensing Board. 3. Respondent's last known addresses are: 5 Michael Court, Hudson, New York, 12534-1414, 1232 Market Circle, 7-G Box #11, Port Charlotte, Florida, 33953; and 2431 Old Coach Drive, Castleton On Hudson, New York, 12033-9501. 4. . At all times material hereto, Respondent was licensed as qualifying agent for Mel Lockhart Construction under his Certified General Contractor’s license number CG C059991. 5. 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. FACTS PERTAINING TO CASE NO, 2000-09581 6. On or about June 8, 2000, Respondent, doing business as Basum Corporation, entered into a contract with Robert Craig (hereinafter “Craig”), to construct a new, single-family home for Craig at Lot 20, Block 74, Section 7, Punta Gorda, Florida. 7. The total price of the aforementioned contract was $215,513.00. 8. Craig paid Respondent a deposit of $21,551.30, payable to Basum Custom Homes. 9. Respondent failed to provide Craig with written notification on the contract of the Construction Industries Recovery Fund. 10, Respondent failed to begin any work on the project and failed to return any of the monies to Craig. 11. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name Basum Corporation. COUNT I 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. _ Based on the foregoing, the Respondent has violated Section 489. 129(1)(, Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 15. Section 489.126(2)(a), Florida Statutes, provides that a contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit. 16. Based on the foregoing, the Respondent has violated Section 489.129(1)G), 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; to wit, by failing to obtain a permit in accordance with Section 489.126(2)(a), Florida Statutes. COUNT It 17. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one 3 through eleven as though fully set forth herein. 18. Based on the foregoing, the Respondent has violated Section 489.129(1)(g)2, Florida Statutes, 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 has abandoned a customer’s job and the percentage of completion is Jess than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT IV 19, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 20. Based on the foregoing, the Respondent has 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 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. COUNT V 21, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 22. Based on the foregoing, the Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT VI 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 24. . Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 25. Based on the foregoing, the Respondent has violated Section 489. 129(1)Q), 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; to wit, Section 489.1425(1), Florida Statutes, by failing to provide notification of the Construction Industries Recovery Fund. FACTS PERTAINING TO CASE NO, 2001-00666 26. Onor about March 25, 1999, Respondent, doing business as Basum Corporation, contracted with Alfred Arb (hereinafter “Arb”), to construct a new, single-family home for Arb at 5127 Collingswood Boulevard, Port Charlotte, Florida. 27. The total price of the aforementioned contract was $233,806.00. 28. Arb paid Respondent approximately $168,314.92 in deposits and draw payments made payable to Basum. 29, Respondent began work on the project in or around November of 1999, completed approximately eighty-five (85) to ninety (90) percent of the construction, then ultimately abandoned the project. 30. Onor about November 30, 2000, Suncoast Construction filed a lien in the amount of $1,207.50 against Arb’s property for materials and labor furnished for the project. 5 31. | Respondent received money from Arb to pay for the materials and labor supplied, but has failed to satisfy the lien. 32. Respondent failed to provide Arb with written notification on the contract of the Construction Industries Recovery Fund. 33. At no time material hereto was Respondent licensed to do business as Basum Corporation. COUNT Vi 34. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven and paragraphs twenty-six through thirty-three as though fully set forth herein. 35, Based on the foregoing, the Respondent has violated Section 489,129(1)(f), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT VHI 36. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven and paragraphs twenty-six through thirty-three as though fully set forth herein. 37. Based on the foregoing, the Respondent has violated Section 489. 129(1)(g)1., Florida Statutes, 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 job; the contractor has received funds from 6 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 IX 38. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven and paragraphs twenty-six through thirty-three as though fully set forth herein. 39, Based on the foregoing, the Respondent has violated Section 489.129(1)Q), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT X 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven and paragraphs twenty-six through thirty-three as though fully set forth herein. 41. Based on the foregoing, the Respondent has violated Section 489. 129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT XI 42. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven and paragraphs twenty-six through thirty-three as though fully set forth herein. 43. Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 44, Based on the foregoing, the Respondent has violated Section 489. 129(1)@), 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; to wit, Section 489.1425(1), Florida Statutes, by failing to provide notification of the Construction Industries Recovery Fund. 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. Signed this_@ \ day of Dost , 2002. PCP: March 26, 2002 DEPUTY CLERK Burke/Alford COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond rey Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 ACD 2000-09581 & 2001-00666

Docket for Case No: 02-002630PL
Issue Date Proceedings
Sep. 10, 2002 Order Closing File issued. CASE CLOSED.
Sep. 09, 2002 Motion to Cancel Hearing and to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Sep. 06, 2002 Order Granting Motion issued.
Aug. 22, 2002 Supplement to Petitioner`s Witness List (filed via facsimile).
Aug. 22, 2002 Petitioner`s Request to Present Testimony by Telephone (filed via facsimile).
Aug. 20, 2002 Petitioner`s Witness List (filed via facsimile).
Aug. 20, 2002 Letter to G. Arcuri from T. Gay enclosing copies of documents which are exhibits (filed via facsimile).
Jul. 17, 2002 Order Granting Consolidation issued. (consolidated cases are: 02-002630PL, 02-002631PL, 02-002632PL, 02-002633PL, 02-002634PL, 02-002635PL, 02-002636PL, 02-002637PL, 02-002638PL, 02-002639PL)
Jul. 17, 2002 Notice of Hearing issued (hearing set for September 16 through 20, 2002; 9:00 a.m.; Fort Myers, FL).
Jul. 17, 2002 Order of Pre-hearing Instructions issued.
Jul. 09, 2002 Petitioner`s Supplemental Response to Initial Orders (filed via facsimile).
Jul. 08, 2002 Petitioner`s Response to Initial Order (filed via facsimile).
Jul. 02, 2002 Initial Order issued.
Jul. 01, 2002 Administrative Complaint filed.
Jul. 01, 2002 Election of Rights filed.
Jul. 01, 2002 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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