93/05/2882 18:43 FEB-l2~62 84:24 PN Kim Minkley Seyer Secretary Oe of the General Counsel 1940 Noah Munroe Sturtet Tallnhassce, Florida 32399-2202 VOICE 350 483 0042 PAX 850 414 47 INTERNET wow. MyFlurida,com a A PAGE 61/82 P.@2 19549281865 FRAZIER HOTTE &&SSOG YAGE POOLS 4a7 3S o8s86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Noy 15 2001 Christopher A, Vitale _ db.a. Mirage Pools, Inc, ; 3491 Hiatus Road O2 -? b 4) ? L. Sunrise, Florida 3335 | Case No: 2000-07852 Subject: SERVICE OF ADMINISTRATIVE COMPLAINT Dear Mr. Vitale: This is to inform you that probable cause has been found to beliove that-you violated certain provisions of the Florida Statutes governing contracting. The enclosed Administrative Complaint contains the formal charges filed against you, Receipt of these documents constitutes legal service upon you. Options available to you under Florida law are: {a) Choose not to dispute the material facts alleged, and request a heariag before the Board which will only hear evidence regarding the conclusions of law and the penalty for violations; or (b) Dispute the material facts alleged and request a hearing before an administrative law judge with the Division of Administrative Hearings; or (c) Waive you right lo cither type of hearing and put yourself completely at the Board’s discretion. Please be advised, pursuant to Section 120.573, Florida Statutes, that mediation is not available for this type of agency action. You must respond by selecting one of the options on the enclosed Election of Rights form, and forwarding the executed Election of Rights form to this office within 21 days of your receipt of this letter, Failure to respond within the 21 day period may be deemed a waiver of the rights outlined above, and the Department may proceed against you by default. Sincerely, / rapa CO garUrnk Angela C, Desmond Assistant General Counsel ATTICUS: Administrative Complaint; Election of Rights Foun STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION It DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-07852 CHRISTOPHER A. VITALE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHRISTOPHER A. VITALE, ("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 Pool Contractor in the State of Florida, having been issued license number CP C057205. 3. Respondent's last known address is 3491 Hiatus Road, Sunrise, Florida 33351. 4. Respondent became the licensed qualifying agent for MIRAGE POOLS, INC. on September 20, 2000. 5. Section 489.1195(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 July 8, 1999, Joseph and Elizabeth WEZKIEWICZ (hereinafter “WEZKIEWICZ”), entered into a contract with MIRAGE POOLS, INC. (hereinafter “MIRAGE”), whereby MIRAGE was to construct a swimming pool at the WEZKJEWICZ residence located at 17455 Southwest 13" Street, Pembroke Pines, Florida. 7. The total price of the aforementioned contract was $35,000.00, and WEZKIEWICZ paid MIRAGE approximately $27,300.00. 8. On or about June 20, 2000, the permit for the aforementioned project expired. 9. Respondent did not perform any further work on the project, although WEZKIEWICZ had several areas of concern that needed to be corrected. 10. On or about September 25, 2000, WEZKIEWICZ sent a letter to MIRAGE stating that the permit was expired and final inspections were necessary. 11, On or about January 25, 2001, the City of Pembroke Pines issued a Notice of Violation to MIRAGE, which stated that all lines needed to be labeled for inspection and the water pumped and primed after operation. 12. The electrical permit for the project received final approval, however, as of June 2001, Respondent has failed to reinstate the permit and obtain a final inspection. 13. Respondent failed to provide his license number on the contract. 14. Respondent failed to provide WEZKIEWICZ written notification of the Construction Industries Recovery Fund. co COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 16. Based on the foregoing, the Respondent has violated Section 489.129(1)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 18. 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 IT 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 20. Section 489.119(6)(b), Florida Statutes, provides that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 21. Based on the foregoing, the Respondent violated Section 489.129(1)(i), 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 489.119(6)(b), Florida Statutes, by failing to provide his license number on the contract. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 23. 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. 24. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provision 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 written 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 ]t&_ day of Nene roo Len , 2001. FILED 02 Department of Business and Professional Regulation j DEPUTY CLERK By: Robert A. Crabill MM DB f J Chief Construction Attorney cuerk randn ' DATE \ — I3- 200\ COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond pee Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD Case #2000-07852 PUP. \O-ZA-O\ Brown | Cowart

Docket for Case No: 02-002641PL