Sab peepee at te ao ecm s: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . fs "4 Te DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, “ORs Sd pL Petitioner, D)- FILO Ae vs. , Case No. 99-07857 MARC S. LUSARDI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARC S. LUSARDI, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20. 165, Florida s Statutes, and ‘Chapters 455 and 489, Florida Statutes. ‘ 2. Respondent is, and has been at all times material hereto, a a Certified Residential , Contractor, in the State of Florida. having been issued license ‘number CR CO21188, currently in active status. 3. "Respondent is iso currently a licensed contractor in Pueblo, Colorado. 4. Respondent’ $ last known address i is 182 East Byrd Drive, Pueblo, Colorado, 81007. Respondent’s address of record is 437 Ricold Terrace, Port Charlotte, Florida 33954. 5. At all times material hereto, Respondent was licensed to qualify Crestwood Construction, 6. At no time material hereto did Respondent possess a certificate of authority to practice contracting as Crestwood Construction. 7: 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. 8. On or about August 22, 1998, Edward Kolba, doing business as Crestwood Construction, entered into a contract with Robert H. and Doris La Bar to build a house at. 27421 Neaptide Drive, Punta Gorda, Florida. 9. The contract price was $79,994.00 and Kolba was paid a total of $49,596.28. 10. Kolba is unlicensed and running the daily operations of Crestwood Construction. ’ He is also listed as the President of Crestwood Construction. Respondent is listed as the Vice- _ President of Crestwood Construction. It. The permits obtained for the project listed Respondent’s name and license their home 14. Neither Crestwood Construction or Respondent provided the requested Spee: or unregistered person wi ~~” or registrant allows hi ” “organizations without having any active participation in Pp rations, of such business organizations, such act consti tes prim information to Nations Bank. 15. Due to the failure to provide information, Nations Bank froze the La Bar’s disbursement account, and Kolba filed liens against the La Bar’s property. a COUNT I — 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Fifteen as though fully set forth herein. 17. _ Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNTII 18. Petitioner tealleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(e), Florida ' Statutes, by knowingly combining or conspiring with an uncertified or unregistered person by allowing his or her certificate, registration, or certificate of authority to be used by the uncertified mtent to evade the provisions of this part When's a cet “eee § or her certificate or registration to be used by one or more bins ~ em tie or control . facie evidence of an intent to evade the ~~ -provisions of this part. ” COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 21.. Based on the foregoing, Respondent 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. A project may be presumed abandoned after 90 days if the contractor terminates the project without j 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 IV . 22. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. - COUNT. V - 24, Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. . 25. Based on the foregoing, Respondent violated Section 455.227(1)(p), Florida Statutes, by delegating or contracting for the performance of professional responsibilities by a ; person when the licensee delegating or contracting for performance of such responsbilites throwgh Fifteen @ 27. Section 4 489. 9.12408), F Florida Statutes, provides that a certifi cateholder’ sor Pain Sa) . registration, require financi Ga a: pepe eRe iERI Re: i ee nn te a registrant's failure to notify the department of a change of address or phone number shall . constitute a violation of this section. 28. Based on the foregoing, 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 tule or lawful order of the board. . COUNT VII 29. Petitioner realleges and incorporates the allegations set forth in paragraphs One through Fifteen as though fully set forth herein. 30. | Section 489.119(2), Fi Jorida 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. . | 31. Based on the foregoing, Respondent violated Section 149.129(1)(i), Florida . Statutes, by failing in any material respect to comply with the provisions of this part or violating atule or lawful order of the board. WHEREFORE, “Petitioner respect requests “the Coastruction Industry Licensing Board enter 2 an | Onder 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 4 restitution toa | consumer, impose an administrative fine not to olati ey exceed 85) 000° per Tequire 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 [ 3 as day of 2001. ~ COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant Genera! Counsel and Angela C. Holley Attomey Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ' IM/ACH - 99-07857 PCP: January 31, 2001 Alford & Borgemeister Qa Cp John J, Matthews Assistant General Counsel Department of Business and Professional Regulation AGENCY CLERK CURR Soda Le Wenham DATE ~1l¥ |

Docket for Case No: 02-002946PL