Dec 9 2008 15:52 12/ag/28ee 16:51 8589219186 DEPR PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION J DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, v. . Case No. 2007+059497 DAVID CHALOUPKA D/B/A EXOTICA DI ‘AMADOUR CONSTRUCTION & DESIGN, INC. Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against DAVID CHALOUPKA D/B/A EXOTICA DI AMADOUR CONSTRUCTION & DESIGN, INC. ("Respondent") and says: i. 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 Residential Contractor, in the State of Florida, having been issued license number CR C058356, which is ‘currently current and active. 3. Respondent's address of record is 23016 Jumper Ave., GAOGCprendleman\4Cs\Chaloupka2007-059497(g) 1 ,(e)2.(j)(o)(m).doc 1 Dec 9 2008 15:52 12/ag/28ee 16:51 8589219186 DEPR PAGE @4/ag Port Charlotte, Florida 33952. 4, At all times material hereto, Respondent was the primary qualifying agent for Exotica Di Amadour Construction & Design, Inc. (“Exotica”), which has a currently delinquent and active certificate of authority, OB 18280. 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 spéeific job. 6. On or about September 9, 2004, Alice Wilson (“Wilson”) entered into a contract ‘with Exotica and/or Respondent for hurricane repairs on a structure located at 2481 Warne Street, Port Charlotte, Florida 33952. Ta The contracted price for the construction was $77,478.89, of which amount Exotica accepted approximately $75,319.16. 8. Construction commenced on or about November 30, 2005 and continued until Respondent abandoned the project by failing to perform work without just cause for 90 consecutive days. 9, At the time Respondent abandoned the project, the percentage of completion was less than the percentage of the tetal contract price paid by Wilson. GAOGC\prondlemen\A Ca\Chaloupka2007-059497(g) 1.(g)2,)(0)(m)},doe 2 Dec 9 2008 15:53 12/ag/28ee 16:51 8589219186 DEPR PAGE @5/ag 10. Exotica was issued three permits for the project, one for interior remodeling, one for exterior remodeling and one for roofing. The interior remodeling did not receive an inspection and the @xterior ramodéling was given one inspection, which it failed, One roofing inspection was performed in July, 2007, which also failed. li. On or about January 18, 2007, Respondent d/b/a Exotica filed a lien against Wilson’s property for the amount of $13,049.28. 12. To date, Respondent has failed to provide any amount of restitution to Wilson. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Based upon the foregoing, the Respondent violated Section 489.129(1) (g)1., 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 valid liens have been recorded against the property of a contractor’s customer for the customer’s job; the contractor has received funds 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 GAOGC iprendicman\A Ca\Chaloupka2007-059497(g) 1 ,(e)2.(})(0)(m).doc 3 Dec 9 2008 15:53 12/ag/28ee 16:51 8589219186 DEPR PAGE 86/a9 75 days after the date of such liens. couNT TWO 15.. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 16. Based upon the foregoing, the Respondent 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 hag 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 job is abandoned. COUNT THREE 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 18. Based on the. foregoing, Respondent violated section 489,129(1) (4), 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 just cause or GAOGCiprendleman\ACe\Chaloupka2007-059497(g) 1 ,(2)2,())(0)(m).doc 4 Dec 9 2008 15:53 12/ag/28ee 16:51 8589219186 DEPR PAGE @7/ag without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT FOUR 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489.129(1) (0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT FIVE 21. Petitioner realieges and incorporates the allegations seat forth in paragraphs oné through twelve as though fully set forth herein. 22. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or Mismanagement in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing ene or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to QAOSC iprendleman\a Cs\Chaloupka2007-059497(gz)1 (g2,())(o)(m). doe 5 Dec 9 2008 15:53 12/ag/28ee 16:51 8589219186 DEPR PAGE exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this 2 aay of A A , 2008, PC Found: August 26, 2008 il Fle Div. L Bonuso & Thornton CS Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of tha General Counsel \ Ev wet 1940 N. Monroe Street, Ste. 42 v1 rotessionsl Tallahassee, FL 32399-220 renent of BOSE Ley CLERK (850) 488-0062 Telephone pa i (6850) 921-9186 Pacsimile GAOGCiprendleman\ ACsAChaloupka2007-059497(a)1Ce)2.Ci)(olm).dos ae/ag

Docket for Case No: 08-006145