Sep 29 2009 14:17 aoa 2e/ 2889 8a:58 8584146749 DEPR OGA PAGE 2/27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I fale . . = DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve , Case No. 2007-065806 MARK JAMES CIANCHETTI, D/B/A CIANCHETTI CONSTRUCTION INC., Respondent, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARK JAMES CIANCHETTI, ("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, at all times material hereto, was a Certified General Contractor in the State of Florida, having been issued license number CG ¢1508836. 3. Respondent's last known address of record is 645 Trenia Ann Lane, Orange City, Florida 32763-5500, GAOGC\ Tiffany Harrington\LaToyia\AC\Mark Cianchetti 2007-06S806(E)()\AC. doe 1 Sep 29 2009 14:17 a3/27 aoa 2e/ 2889 8a:58 8584146749 DEPR OGA PAGE 4, At all times material hereto, Respondent was the primary qualifying agent for Cianchetti Construction Inc., ("CCI") ,.. which has been -issued Certificate.-of Authority. number OB 39574, 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 specific job. 6. On or about March 5, 2007, CCI entered into a contract with Ethel Thomas ("Complainant") to repair and remodel Complainant’s tornado damaged home located at 1137 South Blue Lake Avenue, Deland, Florida 32724, 7. The total contract price was $397,468.12, of which ccT accepted a total atnount of $369,238.34, 8. On or about April 16, 2008, 4 Jays Management, Ine. filed a lien against Complainant’s property in the amount of $975.00 for services and/or materials billed to Complainant’ s project ordered by Respondent. 9. CCI failed to satisfy the lien. 10. The percentage of work completed by CCI was less than the percentage paid for the work. li. CCI abandoned the project prior to completion, GROGC\Tiifany HarringtontLeToyia\AC\Mark Clanchetti 2007-065806(g)j)\AC.doc 2 Sep 29 2009 14:17 aoa 2e/ 2889 8a:58 8584146749 DEPR OGA PAGE @4/27 12. CCI begin work on the project prior to obtaining valid permits. Hts Ba, COUNT ONE 13. Petitioner realleges and incorporates the allegations set. forth in paragraphs 1 through 12 as though fully set forth herein. 14. Based on the foregoing, Respondent violated Section 489.129(1) (g) (1), Plorida Statutes, by committing mismanagement ox. misconduct in. the. practice of centracting that causes financial harm to a customer. Financial mismanagemant or Misconduct occurs when: valid liens have heen recorded against the property of a contractor’s customer for supplies or services ordered by the contractor 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 75 days after the gate of such jiens. COUNT TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489.129(1) (g) (2), Florida Statutes, by committing mismanagement er misconduct in the practice of contracting that causes GAOGCITiffany Hatrington\LaToyia\AC\Mark Cianchetti 2007-065806(E)GKAC.doc 3 Sep 29 2009 14:17 aoa 2e/ 2889 8a:58 8584146749 DEPR OGA PAGE 85/27 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 that. 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, Patitioner realleges and incorporates the. -allegations set forth in paragraphs 1 through 12 as though fully set forth herein. - 18. Based on the foregoing, Respondent violated Section 489.129(1) (5), 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 FOUR 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. GAOGC\ Tiffany Harrington\LeToyia\A Mark Cianchetti 2007-068806(g)G)\AC.doc ; 4 Sep 29 2009 14:18 aoa 2e/ 2889 8a:58 8584146749 DEPR OGA PAGE 86/27 20. Based on the foregoing, Respondent violated Section 489.129(1) (0), Florida Statutes, by proceeding on any job .v..Without. obtaining. applicable local building department...permits and inspections. COUNT FIVE 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth héerin. 22.” .Based on the. foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or misconduct 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 or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or ali 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. GAOGC\ Tiffany Harrington\LaToyia\AC\Mark Cienchetti 2007-065806(g)()\AC.doe 5 Sep 29 2009 14:18 aoa 2e/ 2889 8a:58 8584146749 DEPR OGA PAGE 7/27 Signed this 2, Gay of PC Foiirid: December 2, 2008 Div. I; Stewart & Sheehan ¥ : Assistant General Counsel Florida Bar No. 26202 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste, 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile GAOGCKTiffany Harrington\LaToyialAC\Mark Cianchett) 2007-065806(g)f/)\AC.don

Docket for Case No: 09-005326