STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Nos. 2001-00531 & 2001-02851 ARN M. CAFIERO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARN M. CAFIERO, ("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 ali times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG CB12856, currently in inactive status. 3. Respondent's last known address is 1146 Southwest 1" Way, Deerfield Beach, Florida 33441. 4. At all times material hereto, Respondent was licensed to do business as an individual. FACTS PERTAINING TO CASE NUMBER 2001-00531 5. On or about October 30, 2000, Respondent, doing business as American Window & Screen Company, Inc., contracted with Barnett Ellenson (hereinafter “Ellenson”) whereby Respondent was to enclose the terrace of Ellenson’s condominium located at 691 South Hollybrook Drive, Pembroke Pines, Florida. 6. The total contract price was $5,683.00 and Respondent was paid a deposit of $2,000.00. 7. Respondent failed to begin work on the project and on November 20, 2000, notified Ellenson of the company’s bankruptcy. 8. Respondent failed to return the deposit to Ellenson. 9. Respondent failed to provide on the contract written notification to Ellenson of the Construction Industries Recovery Fund. 10, At no time material hereto was Respondent licensed to do business as American Window & Screen Company, Inc. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 12. 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. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. 14. 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 less 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 III 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth herein. | 16. Based on the foregoing, the Respondent has violated Section 489. 129(1)GQ), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT IV 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten 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 V 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one 3 through ten as though fully set forth herein. 20. 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. 21. 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, having failed to provide the homeowner with written notification on the contract of the Construction Industries Recovery Fund. FACTS PERTAINING TO CASE NUMBER. 2001-02851 22. On or about November 8, 2000, Respondent, doing business as American Window & Screen Company, Inc., entered into a contract with Craig Kirner (hereinafter “Kimer”’) whereby Respondent was to enclose a screen room at the Kirner residence located at 23080 Floralwood Lane, Boca Raton, Florida. 23. The contract price of the aforementioned project was $3,950.00 and Respondent was paid a deposit of $1,950.00. 24. . Respondent failed to begin work on the project and failed to return the deposit to Kirner. 25. Respondent failed to provide on the contract, written notification of the Construction Industries Recovery Fund. 26. Atno time material hereto was Respondent licensed to do business as American Window & Screen Company, Inc. COUNT VI 27. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and paragraphs twenty-two through twenty-six as though fully set forth herein. 28. 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. COUNT VI 29, Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and paragraphs twenty-two through twenty-six as though fully set forth herein. 30, 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 less 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 VIII 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and paragraphs twenty-two through twenty-six as though fully set forth herein. 32. 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 IX 33. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and paragraphs twenty-two through twenty-six as though fully set forth herein. 34. 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 X 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and paragraphs twenty-two through twenty-six as though fully set forth herein. . 36. 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. 37. 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, having failed to provide to the homeowner, on the contract, 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 ah th day of PCP: February 26, 2002 Chung/Lambert COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and ; : Angela C. Desmond ped 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 2001-00531 & 2001-02851 Ob ARC 2002, obert A. Crabill ‘hief Construction Attorney

Docket for Case No: 02-003122PL