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. 2000-08424 GRAIG ARCURI, p2- 2 le 5/ ft 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 C059991 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 #1 1, Pt. 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 CONSTRUCFION 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. 6. On or about December 4, 1999, Respondent, doing business as BASUM CORPORATION, entered into a contract with HERMAN & CHARLENE MAUTI (hereinafter MAUTHI) to construct a new home for MAUTI at 17329 O’Hara Drive, Port Charlotte, Florida. 7. The total price of the aforementioned contract was $183,511.00. 8. MAUTI paid Respondent $128,457.70 towards the aforementioned contract price in the form of checks made payable to BASUM CORPORATION. 9. On or about May 11, 2000, Respondent obtained Charlotte County Building Department Permit No. 2000041387 for the construction of the MAUTI residence at 17329 O’Hara Drive, Port Charlotte, Florida. 10. Respondent commenced work on the project in or around May, 2000 and continued until on or about December 15, 2000, at which time Respondent ceased work on the incomplete project without just cause or proper notification to MAUTI. 11. Respondent failed to perform any work on the incomplete project for a period in excess of 90 consecutive days. 12.. Respondent failed to obtain a certificate of occupancy or a final inspection for Charlotte County Building Department Permit No. 2000041387. 13. Valid liens were recorded against the MAUTI property for supplies and/or services ordered by Respondent for the MAUTI job including, but not limited to, the following: LEINOR/SERVICE PROVIDED LIEN AMOUNT DATE RECORDED Cabinet Concepts of SW FL, Inc./Cabinets $10,025.70 March 12, 2001 Shirley Construction & Drywall, Inc./Drywall $9,256.70 March 16, 2001 Door Depot, Inc./Overhead Garage Door $1,911.00 February 6, 2001 14. Respondent failed to have the aforementioned liens removed from the MAUTI property, by payment or by bond, within 75 days of the respective dates of the liens. 15. On March 1, 2001, the Charlotte County Construction Industry Licensing Board suspended Respondent’s permit pulling privileges for violations of Chapter 489, Part 1, Florida Statutes and the Charlotte County Code, and further recommended that Respondent’s state license be suspended by the Florida Construction Industry Licensing Board. 16. At no time material hereto was Respondent licensed to engage in the practice of contracting under the business name BASUM CORPORATION. 17. Respondent has failed to obtain a certificate of authority for MEL LOCKHART CONSTRUCTION as required by Section 489.119(2), Florida Statutes. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 19. Based on the foregoing, Respondent has violated Section 489.129(1)(f), Florida Statutes (1999) by acting inthe 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 II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 21. Section 489.129(1)(g)1, Florida Statutes provides in part; 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 finds 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. 22, Based on the foregoing, Respondent has violated Section 489.129(1)(g)1, Florida Statutes (2000) by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. COUNT Ill 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 24. Based on the foregoing, Respondent has violated Section 489.129(1)(h), Florida Statutes (2000) by being diseiplined by any municipality-or county for an act or violation of Chapter 489, Part 1, Florida Statutes. COUNT IV 25. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 26. Section 489, 129(1)(j), Florida Statutes provides in part; 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. 27. Based on the foregoing, Respondent has violated Section 489.129(1)(), Florida ¢ Statutes (2000) by abandoning a construction project in which the contractor is engaged or under contract as a contractor. 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 has violated Section 489.129(1)(0), Florida Statutes (2000) by proceeding on any job without obtaining applicable local building department permits and inspections. _ COUNT VI 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth herein. 31. — Section 489.119(2), Florida Statutes, provides that if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 32. Based on the foregoing, Respondent has violated Section 489.129(1)(i), Florida Statutes (2000), 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 489.119(2), Florida Statutes by failing to obtain a certificate of authority for MEL LOCKHART CONSTRUCTION. 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 i Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules Promulgated thereunder, — Signed this a day of uly , 2001. Roby rt A Crabill sistant General Counsel COUNSEL FOR DEPARTMENT: Robert A. Crabill F | i E D Movie Bo enttal Counsel , Department of Business and Professional Regulation Florida Bar No. 0134473 OLERK Department of Business and DEPUTY Professional Regulation MN Scholl Northwood Centre currx Ltardn wn 1940 North Monroe Street, Suite 60 -3 | -206) Tallahassee, FL 32399-2202 DATE - RAC/abr Case# 2000-08424 CL dye £E: 7/s/ [fas banal & karpt

Docket for Case No: 02-002631PL