05/21/2011 20:lg DBPR PAGE 02/n

FILED

C"l)llnm,•<11.,ff nd l'ffil •I 1,norlnn

Oepury A eney Cll!'rl<

Ct.ERK Evelle LawaoA-Proctor

o- 2/7/2011

FIie#

STATE OF FLORIDA

DEPARTMENT OF BUSINE,SS AND P.ROFESSIONAI, REGULATION

DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION,

Petitioner,

V. Case No. 2010-036799

JASON GREGORY UNCAPHER

d/b/a 7 BUILDING GROUP, INC.,

Respondent.

                                                                I

ADMINISTRATIVE COMPLAINT

THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

("Petitioner"), files this Administrative Complaint before the

CONSTRUCTION INDUSTRY LICENSING BOARD, DIVISION I, against JA.SON

GREGORY UNCAPHER, (''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. At all times material hereto, Respondent was a

   
   

   Ce.r.tified General Contractor in the State of Florida., having been issued license number CGC 15158.25, whj_ch is presently Current and Active.

3. Respondent's last known addresses of record are 393 Winter Lane, Palm Beach Gardens, Flod.da. 33410, and 1544 S. E. Royal Green Circle Apt. K202, Port Saint Lucj_e, Florid.a 34952.

   
   

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4. At all times material hereto, Respondent was the prirnary qualifying agent for 7 Building G:r.oup, Inc., which was issued cerU.ficate of authority number QB 62237.

5. Section 489.1195(l)(a), Florida Statutes, provides that all primary qualifying agents fo.r 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 August 31, 2009, Respondent entered into a contract with Charles Gipe on behalf of Ponciana Gardens Association ("Complainant"), for the demolition of a structure located at 8278 S. E. Hazard Way, Hobe Sound, Florida.

7. The total price of the contract was $5,200.00, of which Respondent accepted approximately $2,000.00.

8. Respondent failed to perform work on the project without just cause for a period of time exceeding 90 consecutive days.

9. At the time Respondent abandoned the project, the percentage of completion was less than the percentage of the total contract price paid by Complainant.

   COUNT ONE

   
   

10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through n.ine a.s though

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    fully set forth herein.

11. Section 489.129(1) (g)2., Florida Statutes, prohibits financial mismanagement or misconduct, which occurs when:

    The contr.actor 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.

    
    

12. Based upon the facts set forth above, Respondent violated section 489.129(J.) (g)2., Florida Statutes, by completing a percentage of work less than the percentage of the total contract price paid by Complaint.

13. Based on the foregoing, Respondent violated Sect.i.on 489.1290) (gJ2., Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer.

    COUNT TWO

14. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though

fully set forth herein.

15. SecU.on 489.129(1) (j),

part, provides discJpU.ne for:

Florida Statutes, cited in "Abandoning a construction

project in which the contractor is engaged or under contract as a contra.cto:r."

1. Based upon the facts set forth above, Respondent violated section 489.129(1) (j), Florida Statutes, by failing to

   
   

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   perform work on the project for a period greater than 90 days without just cause or proper notification.

   COUNT THREE

   
   

2. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein.

3. Section 489.129(1) (m), Florida Statutes, prohibits: "Committing incompetency or misconduct in the practice of contracting."

4. Based upon the facts set forth above, Respondent violated section 489.129 (l) (ml, Florida Statutes, in one or more of the following ways:

   1. By coromitting financial mismanagement or misconduct

      
      

      in the practice of contracting, 489.129(1) (g)2., Florida Statutes.

      in violation of section

      bl By aba.ndoning a construction project i.n wh.i.ch the

      
      

      contractor is engaged or under contract as a contractor, in viola.tion of section 489.129(1) (j), Florida Statutes.

5. Based on the foregoing, Respondent violated Section 489.129 (1J (rn), Florida Statutes.

WHEREFORE, Petitioner respectfully requests the Construction Industry Lj_censing Board enter an Order imposing one or. more of the fallowing penal t.i.es: place on pr.obat.i.on, reprimand the licensee, revoke, suspend, deny the issuance or.

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renewal of the certificate of registration, require financial restitution to a consumer, impose an admini strative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties del:i.n.ea ted within Sect.ton

455.227 (2), Florida Statutes, and/or any other relief tha.t the

Board is authorized to impose pursuant to Chaptet:'s 489, 455,

Florida Statutes, and/or the rules promulgated thereunder.

Signed this 25th da.y of January, 2011.

CHARLIE LIEM, Secretary Department of Business and

Professional Regulation

By:        Paul:Natlian <J<§ntlT,eman Paul Nathan Rendleman Assistant General Counsel

Fl. Bar No. 84604

Department of Business and Professional Regulation

Office of the General Counsel 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850) 488-0062 Office

P.C Found 01/25/2011 Wilford/Kalmanson

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NOTICE OF RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence a..nd argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.llJ., Florida Administrative Code, provides in part that if Respondent fails to request a hear.i.ng with.i.n twenty-one (21) days of receipt of an agency pleading, Respondent wa.i.ves the right to request a hearing on the facts alleged.

NOTJ.CE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 4 55.227(3)(a), Florida Statutes, the Board, Ot:' the Department when there is no .Board, may assess costs related to the .i.m,estigation and prosecut.i.on. of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

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Docket for Case No: 11-003143