Apr 9 200? 13:13 ad/ag/eae7 13:81 8589219186 DEPR PAGE 3/16 " . oy , STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD * DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, : Case Nos: 2005-049842 2005-049846 Vv. TERRENCE RB. SICILIA, Respondent. / - ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL : REGULATION, files this Administrative Complaint before the Construction Indusiry Licensing Board against Respondent, TERRENCE R. SICILIA, and says: ‘LL 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 heteto, a Certified General Contractor in the State of Florida, having been issued license number CG 005857, ) 3. Respondent's last known addresses of record are P.O. Box 265279, Daytona Beach, Florida 32126 and 4 Palm Drive, Ormond by the Sea, Florida 32176. Apr 9 200? 13:13 ad/ag/eae7 13:81 8589219186 DEPR PAGE @4/16 _ ~£ACTS PERTAINING TO CASE NO. 2005-049842 4. Onor about December 16, 2004, Stewart and Dru Ann Welch ("the Welchs") entered into a written contract with Respondent, acting as qualifying agent for American Affordable Housing, LLC ("AAH"), to construct a residence on the Welchs’ | property. located at 602 North Pine Avenue in New Smyrna Beach, Florida ("the residence"). . . 3. Atno time material hereto was Respondent licensed to do business as 6. ‘At no time material hereto did AAH possess a certificate of authority. 7. .The contract failed to contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, 8 | Respondent failed to include his license number on the contract. 9. ; The total contract price was $120,294.82, of which amount the Welchs paid to Respondent a total of $117,057.73.. . 10. On or about October 4, 2005, a final inspection was passed. 11. On of about October 5, 2005, a certificate of occupancy was issued on the residence. “COUNTI 12. Petitioner realleges and incorporates the allegations set forth in paragraphs ) one through 11 above as though fully set forth therein. 13. Section 489,1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential teal property ' oust contain a written statement explaining the consumer's rights under the Construction Apr 9 200? 13:13 ad/ag/eae7 13:81 8589219186 DEPR PAGE 5/16 ) ) Industry Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. . | 14. Based on the foregoing, Respondent violated section 489. 129(1)(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, as here, section 489.1425(1), Florida Statutes, by failing to include a written statement explaining the consumer's tights under the Construction Industries Recovery Fund on the contract. COUNT 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 11 above as though fully set forth therein. : 16, Section 489.1 19(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, 17. Based on the fotegoing, Respondent violated section 489.12961)(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, as here, section 489.1 19(6}(b), Florida Statutes, by failing to include his contractor license number on the contract. . COUNT 18. Petitioner realleges and incorporates the allegations set forth in patagraphs one through 11 above as though fully set forth therein. 19. Section 489.1 19(2)(b), Florida Statutes, provides that an applicatit who . Apr 9 200? 13:13 ad/ag/eae7 13:81 8589219186 DEPR PAGE 86/16 , 7) | ) proposes to engage in contracting as a pasiness organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fctitions name where the applicant is doing business as a sole proprietorship, the business organization must apply fora certificate of authority through _ a qualifying agent and under the fictitious name, if any.. | 20.° Based upon the foregoing, the Respondent violated Section 489,129(1)(i), Florida Statutes, by failing in any material respect to comply with a provision of Chapter | 489, Part I, Florida Statutes, ‘by violating section 489.119(2)(b), Florida Statutes, by failing to obtain a certificate of authority. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through 11 above as though fully set forth therein. 22, Based on the foregoing, Respondent has violated Section 489.129(1)(f, Florida Statutes, by ‘acting in the capacity of a contractor wnder 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 of régistrant’ as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT V 23. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through 11 above as though fully set forth herein: Apr 9 200? 13:13 ad/ag/eae7 13:81 8589219186 DEPR PAGE @7/16 ) ) 24. Based on the foregoing, Respondent violated section 489.129(1)Gn), _. Florida Statutes, by comunitting incompetency or misconduct in the practice of contracting. 25. On or about April 1, 2005, Maria Esquivel ("Esquivel") entered into a written contract with Respondent to re-roof and perform repairs on Esquivel’s residence located at 8005 Grandview Avenue in Daytona Beach, Florida ("the résidence"), 26. The contract failed to contain a written: statement explaining the consumer's rights under the Construction Industries Recovery Fund. "27. The total contract price was $10,560.00, of which amount Bsquivel paid -to Respondent a total of $5,150.00. . 28. Respondent never commenced work on the residence, effectively abandoning the project entirely. 29, ‘The abandonment was not due to any just cause and was without notice to Esquivel. | 30. The percentage of completion of the project was less than the percentage that Esquivel paid to Respondent. | . COUNT VI 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through three and 25 through 30 above as though fully set forth therein. 32, Section 489.1425(1), Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property tnust contain a written statement explaining the consumer's rights under the Construction Apr 9 200? 13:14 ad/ag/eae7 13:81 8589219186 DEPR PAGE 838/16 ) } Industry Recovery Fund, except where the value of all Jabor and materials does not . - exceed $2,500,00, 33. 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 atule or lawful order of the board, as here, section 489.1425(1), Florida Statutes, by failing to include a'written statement explaining the consumer's rights under the Construction Industries Recovery Fund on the contract, . COUNT. VIL 34, ‘Petitioner realleges and ineorporates the allegations sot forth in paragraphs one through three and 25 through 30 above as though fully set forth therein. ) 35. Based on-the foregoing, Respondent has violated Section 489.129(1)(8)2, Florida Statutes, by committing mismanagement or misconduct in the practice of » contracting that causes financial harm to a customer. Financial Iismanagement 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 VII 36. Petitioner realleges and. incorporates the allegations set forth in paragraphs one through three and 25 through 30 above as though fully set forth therein. 37. Based on the foregoing, Respondent has violated Section 489.129(1)6), Florida Statutes, by abandoning a construction project in which the contractor is engaged Apr 9 200? 13:14 O4/@9/2087 13:61 8589219186 DEPR PAGE 89/16 ) | y 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 reasons for termination, or fails to perform work without just cause for 90 consecutive days, | | COUNT IX 38. Petitioner realleges and incorporates the allegations set forth in: paragraphs one through three and 25 through 30 above as though fully set forth therein. 39. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner . respecttully requests ‘the ‘Constraction 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 ot 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 tules promulgated thereunder. Signed this_ <> me day of Ong , 2006. By: = Lisa Assistant Penbral {Cofase|) ~ ‘Comin LAB/be :f . Department of Business and Professional Regulation Case Nos.: 2005-049842; 2005-049846 AGENCY CLERK Po Faure: ajoa)ce Voit Ty Thececton + Cox 5 aK Sopady 2. (whom nn DATE ~| lo- Z0D|o

Docket for Case No: 07-001621PL