May 19 2009 14:53 @5/19/2089 14:53 8589219186 DEPR PAGE 83/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISIONS I AND If DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2007-032477 WINDY MARIE TUCCT D/B/A TAMPA BAY QUALITY POOLS, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION, ("Petitioner") files this Administrative Complaint against WINDY MARTE TUCCI D/B/A TAMPA BAY QUALITY POOLS, INC. ("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 Building Contractor, in’ .the State of Florida, having been issued license number cB C059309, which is currently current and active and a Certified Pool/Spa Contractor, in the State of Florida, having been issued license number CP C1456777, which is currently current and active. Tueei2007-032477,489. 1 19(2\(d),127(4)(2),124(a),(,(mn).doe 1 May 19 2009 14:53 85/19/2889 14:53 8589219186 DEPR PAGE 4/12 3. Respondent's address of record is 15410 Sir Maxwell Ct., Odessa, Florida 33556, 4, At all times material hereto, Respondent was the primary qualifying agent for Tampa Bay Quality Pools, Inc., which has a currently-delinquent certificate of authority, OB number 51157 and/or Danire Investment Properties, which has a current ly-delinquent certificate of authority, OB number 24861 and/or Disti LLC, which has a currently-delinguent certificate of authority, OB number 42180. 3. Section °489.1195(1) (a), Plorida 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 April 15, 2005, Ramzey Moumneh d/b/a Geoject Distribution Corporation (“Geoject”) d/b/a New American Homes entered into a contract with Denese M. Costelio-Sloan ("Costello-Slean") for sinkhole remediation work to a property located at 3497 Orion Read, Spring Hill, Florida. The scope of work noted in the contract includes the stabilization of the existing foundation. 7. At the time the contract was established, Moumneh was not a licensed contractor, and Geoject did not possess a Tucci2007-032477,489, 1 19(2)(d),127(4)(c),1 29(4),(f),(m).doc 2 May 19 2009 14:53 a5/19/2889 14:53 9589219186 DEPR PAGE 85/12 certificate of authority. 8. The total contract price was $55,000.00, of which Geoject accepted $27,500.00. 9. Records show that that Respondent’s license number was used to obtain permit No. 116350 from Hernando County for the project. 10. Respondent abandoned the project by failing to commence work. li. At the time of abandonment, the percentage of completion was less than the percentage of the total contract price paid by Costello-Sloan. 12, To date, Respondent has failed to provide any, amount of restitution to Costello-Sloan. COUNT_ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Section 489.119(2) (d),: Florida Statutes, states that a certificate of authority must be renewed every 2 years, If there is a change in any information on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the department. 15. Based on the foregoing, Respondent violated section 489.129(1) (i), Plorida Statutes, by failing in any material Tucei2007-082477,489. 119(2)(d),127(4)(),129(2),(F).(mm).doe 3 May 19 2009 14:59 5/19/2689 14:53 8589219186 DEPR PAGE 6/12 _ respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.119 (2) (d), Florida Statutes. COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 17. Section 489.127(4) (cc), Florida Statutes, provides in part that a certified or registered contractor, or contractor Authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless, the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 18. 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, by having violated Section 489,127(4) (c), Florida Statutes. Tucei2007-032477,A89,119(2)(4),127%¢4)(e),129(a),(D)(m).doe : 4 May 19 2009 14:59 5/19/2689 14:53 8589219186 DEPR PAGE 87/12 COUNT THREE 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) (da), Plorida Statutes, by performing any act which assists a person _or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT FOUR 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully ‘set forth herein. 22. Based on the. foregoing, Respondent violated Section 489,129(1)(f), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration in a name other than the name of the certificateholder or registrant as set forth on the issued certificate or registration. COUNT FIVE 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. | Tueei2007-032477,480.119(2)(d),1 27(4)(c),129(4),(.(m), doe 5 May 19 2009 14:59 g6/19/28e9 14:53 8589219186 DEPR PAGE 8/12 24. 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 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 vefunds the excess funds within 30 days after the job is abandoned. COUNT SIX 25. Petitioner realléges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein, 26. 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 without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT SEVEN 27, Petitioner realleges and incorporates the allegations Tucei2007-032477,489. 119(2\d),127(4)(c),1 29(d).(),(m).doc ; 6 May 19 2009 14:59 g6/19/28e9 14:53 8589219186 DEPR PAGE 9/12 set forth in paragraphs one through nine as though fully set forth herein. . 28. 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 one 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 exceed $10,000.00 per violation, xequire 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. ‘Tueei2007-032477,489.119(2)(d),127(4¥e),) 29(d),(0),(m).clos May 19 2009 14:59 5/19/2689 14:53 8589219186 DEPR PAGE 16/12 Signed this Z day of S gills, , 2008. PC Found; September 23, 2008 Div. I: Del Vecchio & Chung Div. II: Bailey & Engelmeier ee LEE Kyle David Christopher Assistant General Counsel Florida Bar Ne. 40853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220 (850) 488-0062 Telephone (850) 921-9186 Facsimile " \ L t Oa seis papartat ot mu rs shod ser fgracaos Tneci2007-032477,489,119(2)(d),127¢4\(e),129(4),(0),(m).doe

Docket for Case No: 09-002758