Deputy Agency Clerk STATE OF FLORIDA Evette Laweon-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] note 12/14/2012 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-034710 FRANCIS THOMAS PANTALEO, Respondent. / ADMINISTRATIVE COMPLAINT the Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Francis Thomas Pantaleo (“Respondent”), and alleges: 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, Respondent was licensed as a Certified Building Contractor in the State of Florida, having been issued license number CBC 1254746. 3. Respondent's address of record is 2765 Vista Parkway, Unit H-3, West Palm Beach, Florida 33411. 4. At all times material, Respondent was the primary qualifying agent for AA Industries Management and Estimating, Inc. (“AA”). 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 January 5, 2012, AA entered into a contract with Rockwell Development Company (“RDC”) to perform construction work for a property located at 15910 Orange Boulevard, Loxahatchee, Florida 33470. 76 On or about February 21, 2012, Respondent signed a statement falsely indicating that payment had been made for all subcontracted work, labor and materials, which resulted in a financial loss to RDC. 8. On or about March 20, 2012, Respondent signed a statement falsely indicating that payment had been made for all subcontracted work, labor and materials, which resulted in a financial loss to RDC. 9. To date, Respondent has failed to provide any amount of restitution to RDC. 10. Section 489.129(1) (k), Florida Statutes (2011), provides for discipline against a licensee for signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that workers’ compensation and public liability insurance are provided. 11. Based on the foregoing, Respondent violated section 489,129(1)(k), Florida Statutes (2011), when Respondent signed a statement with respect to a project or contract falsely indicating that payment had been made for all subcontracted work, labor and materials which resulted in a financial loss to the owner, purchaser, or contractor. 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 all 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. (SIGNATURE PAGE TO FOLLOW) Signed this 4*° day of December, 2012. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Katie Elisabeth Sabo Katie Elisabeth Sabo, Esq. Assistant General Counsel Florida Bar No. 91207 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1293 Telephone (850) 921-9186 Facsimile Respondent Francis Thomas Pantaleo DBPR Case Number 2012-034710 PC Found 12/04/2012 By: M. Kane/A. Burke NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that 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 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 if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. 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 investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 13-004654PL