Dep -. of a•d ""'f'BI0•1l llfQ\JIIUOn
Oepuly At! r>oy Clerk
CLERIC Evc,nc, law of>-Proc1or
D* 4/11/2011
Fll•II
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL.A.TJ.ON
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No. 2010-060048
JASON GREGORY UNCAPHER,
Respondent.
I
ADMINISTRATIVE COMPJJAINT
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL RSGUJJATION,
( Petitioner), files tbj.s AdmJ.n.i.strative Complaint before the
CONSTRUCTION INDUSTRY LICENSING BOARD, DIVISJ.ON I, against JASON
GREGORY UNCAPHER, (Respondent), and says:
Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 2 0. 165, Florida Statutes, and Chapters 455 and 489, Florida Statutes.
At all times material to this Co plaint, Respondent was a Certified General Contractor in the State of Florida, hav1ng been issued license number CGC 1515825, which is in a
current, Activell status.
Respondent's last known addresses of record are 1544 SE Royal Green Circle, Port Saj.nt Lucie, Florida 34952 and 393 Winter Lane, Palm Beach Gardens, Florida 33410.
4 - A.t ;,,ll times material to this Complaint, Respondgnt
was the primary qualifying agent for 7 BuiJ.dLng Group, Inc - , which was issued certificate of authority number QB 62237.
Section 489.1195 (1) (a), Florida Statutes, p:r.ovides that all primary qualifying agents fo.r. a business organization are jointly and equally responsible for supervision of all operaU.ons of the business organizat.i.on; for all field work a.t all sites; and for financial matters, both for the organization
in general and for each specific job.
On or about July 30, 2009, Respondent entered into a contract with Conrad Damon (Complainant) for the re-roofing of a residential structure located at 780J. SE Canaan Way, Jupiter, Florida 33458,
7 - Respondent practiced and/or offered to practice roofing contracting.
Respondent is not registered or certified as a roofing contractor.
The contract price totaled approximately $43,860.00.
Respondent was paid $29,386.00, approximately 67i of the total contract price.
The contract did not contain a statement explaining the consumer's rights under the Florida Homeowners' Construction Recovery Fund.
The scope of work outlined in the contract required a building permit from the local building departroent.
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Respondent failed to apply .f.or the permits necessary to begin construction of the project within 30 days of receiving money totaling more than 10 percent of the contract price.
Respondent failed to obtain the applicable building permits and/or inspections required for the project.
Respondent last performed work on the project on or
about August 21, 2009.
Respondent failed to perform work on the project without just cause for a period of time exceeding 90 consecutive days.
Respondent received funds from or on behalf of Complainant to pay the subcontractors who provided J.abo.t:, services, or materials to the property.
Respondent failed to pay the subcontractors who provided labor, services or materials to the property, for which Respondent ordered.
Respondent's failure to pay the subcontractors resulted in a valid claim of lien being filed against the property by mater1almen and/or subcontractors, including, but not limited to, Onshore Roofing Specialists, Inc. (Onshore), in the amount of $29,325.00.
20 - Respondent failed to pay onshore or otherwise satisfy the lien against the property, and at least 75 days have passed since the date the lien was recorded.
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COUN'.T.' ONE
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty (2 0) as though fully set forth herein.
Section 455.227 (ll (o), Florida Statutes (2009) provides disciplinary action fo :
[P J r.acticing or offering to practice beyond the scope permitted by law or accepting and pe,rfo1.·mJ'.ng pi:o.fess_ional r.esponsibili ti.es the licensee knows, or has reason to know, the licensee is not competent to perform.
Section 489.129(1) (c), Florida Statutes (2009),
provides disciplinary action for "violating any provision of
chapter 455."
Based upon the facts set forth above, Respondent violated Section 489.129(1)(c), Florida. Statutes (2009), by violating Section 455-227(1)(o), Florida Statutes (2009), in that Respondent practiced or offered to practice beyond the
scope permitted by law_
COUNT TWO
25_ Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) th.r.:ough twenty (20) as though fully set forth herein.
Section 489.1425, Florida Sta.tutes (2009), states that any agreement or contract fo.r. repair, restoration, j_mp.r.ovem.ent or construction to residential real property must contain a
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written statement explaining the consumer's ights under the Florida Homeowners' Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.
Based on the foregoing, Respondent violated section 489.J.29(1) (i), Florida Statutes (2009), by failing in any matertaJ. respect to comply with the provisions of Chapter 4.89, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.1425, Florida Statutes (2009) _
COUNT l'HRE.E
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty (20) as though fully set forth herein.
Section 489.126 (2) (a), Florida Statutes (2009) provides disciplinary action when:
A con tractor who receives, a.s ini t.i.a..7. payment, money totaling more than 10 percent of the contract price for repair, rest ora ti on . must apply fo1· pe.rmi ts necessary to do work w.i. thin 30 days after tl1e date payment is made . . .
Section 489.129(1) (i), Florida Statutes (2009), provides disciplinary action for, "Failing in any material respect to comply with the provisions of this pa.t't o.r. vj_oJ.ating a rule or lawful order of the board."
Based upon the facts set forth above, Respondent '7iolated Section 489.J.29(1) (i), Florida Statutes (2009), by
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failing to comply with Sectj_on 489.126 (2) (a), Florida. Statutes ( 2 009) , in that Respondent failed to obtain necessary permits within 30 days after payment was made.
COUNT FOUR
Petitioner realleges and incorporates by reference the
allegations set fo.r.th in paragraphs one (1) through twenty (20)
as though fully set forth herein.
Based on the foregoing, Respondent violated Section 489.129(1) (g)l., Florida Statutes (2009), by co:roro.itting financial mismanagement or misconduct in the practice of contracting that causes financial harm to a custome . Financial
mismanagement or misconduct occurs when valid liens have been
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 date of such liens.
COUNT FIVE
Petitioner realleges and incorporates by reference the allegations set for.th in paragraphs one (1) through twenty (20) as though fully set forth herein.
Section 489.129(1) (j), Florida Statutes (2009), cj_ted in part, p.r.ovides discipline for: "Abandoning a construct.i.on
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project in which the contractor is engaged or under contract as a contractor."
Based upon the facts set forth above, Respondent
v.'l.olated section 489.129(1) (j), Florida Statutes (2009), by failing to perform work on the project for a period greater than
90 days without just cause or proper notification.
COUNT SIX
Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twenty (20) as though fully set forth herein.
SecU.on 4.89.129(1) (ol, Florida Statutes (2009), prohibits: "proceeding on any job without obtaining applicable local building department permits and inspections."
Based on the foregoing, Respondent vlolated Sectj.on
489 .129 (l) (o), Florida Statutes (2009), by proceeding on a job without obtaining applicable local building department permits
and inspections.
COUNT SEVEN
Petitioner realleges and incorporates by reference the allegations set fo:rth in paragraphs one (1) through twenty (2 0) as though fully set forth herein.
41. Section 489.129(1) (m),
Florida Statutes
(2009),
proh:i.bits: "Committing practice of contracting."
incompetency or misconduct
in the
Based upon the facts set forth above, Respondent violated section 489.129(1) (m), Florida Statutes (2009), in one
or more of the following ways:
By practicing or offering to p.r.actice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to lmow, the
licensee is not competent to perform in violation of Section
4 55 . 227 ( 1 ) ( o) , Florida Stat u t es ( 2009) •
By failing to include a written statement explaining the consumer's rights under the Florida Horne Owners' Construction Recovery Fund in the agreement or contract for the
project in violation of Section 489.1425, Florida statutes
(2009) .
By failing to obtain permits and inspections for the project in violation of Sect.ion 489.126(2) (a), Flor.i.da Statutes (2009).
By committing financial mismanagement or
misconduct in the practice of contracting in violation of Section 489.129(1) (g)l., Florida Statutes (2009).
By abandoning a construction project in violation of section 489.129(1) (j), Florida Statutes (2009).
By failing to obta:i.n permits and/or inspection3 for the p.r.oj ect in violation of Sect.i.on 4 89 .129 ( 1) (o) , Flor i.da Statutes (2009).
WHEREFORE, Petitioner :r.e0pectf.ully requests the Construction Industry Licensing Board enter an Order tmposj.ng one or more of the followj_ng penal ties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial
restitution to a consumer, j_,mpose a.n administrative fine not to
exceed $10,000 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 :Ls authorized to impose pursuant to Chapters 4.89, 455,
Florida Statutes, and/or the rules promulgated thereunder.
Signed this 29r.h day of March, 2011.
PC Found 03/29/2011
Delvecchio/Stewart
CHARLIE LIEM, Secretary Department of Business and
Professional Regulation
By: <Pau{J.fatfzan (9.eruffeman
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
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 o other qual1f1ed representative, to present evidence and 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 28-106.111, Florida Administrative Code, provides in part that j_f Respondent fails to request a hearing
within twenty-one | (2J.) | days | of | receipt of an agency | pleading, |
Respondent waj_ves alleged. | the | right | to | request a hearing on | the facts |
NOTICE 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 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investi.gation. and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.
