Y wo) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL ea ap CONSTRUCTION INDUSTRY LICENSING BOARD wm, DIVISION II WM a 4, DEPARTMENT OF BUSINESS AND es PROFESSIONAL REGULATION, S . Petitioner, Case No. 98-20865 -vs. LUIS A. FLORES, | Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL se REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against LUIS A. FLORES, ("Respondent"), and says: | | | if 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 registered roofing contractor, in the State of Florida having been issued license number RC 0066629. 3. Respondent's address of record is 112 Racetrack Road, Ft. Walton Beach, Florida 32547. 7 4. At all times material hereto, Respondent was the licensed qualifier for Buddy Flores Roofing, Inc. (Contractor). 5. Section 489.1195, Florida Statutes, provides in part that qualifying agents for a business organization are YU VU responsible for supervision of all operations of the organization, including the field work at all sites, and for financial matters, both for the organization in general and for each specific job. 6. On or about October 29, 1997, Contractor contracted with Mark L. Jenner (Jenner) to repair the roof at 2 Kimbrough Road nl Mary Ester, Florida 32569. 7. The contracted price for repairs was three hundred and fifty dollars ($350.00), of which amount Jenner paid in full to. Contractor upon completion. , 8. The contract costs included materials, labor, and a one- year workmanship warranty. 7 : 9. On April 29, 1998 Jenner sent correspondence to Respondent regarding water leaking through the roof. 10. During several phone calls made by Jenner, Respondent made promises to repair the roof. 11. To date Respondent has not honored the one-year workmanship warranty included in the original contract cost. 12. Based on the foregoing evidence Respondent has violated | Section 489.129 (1) (n), Florida Statutes, by committing | mismanagement 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 $5,000 per U wo) i | 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. Signed this 2. t day of ) | lazed, , 1999, CYNTHIA A. HENDERSON, Secretary (4 (re By: G. W. Harrell Acting Chief Attorney FILED Department of Business and Professional Regulation DEPUTY CLERK oxen Brandon Michels | ' COUNSEL FOR DEPARTMENT: DATE 3 -% -44 | ———— | | Leon M. Biegalski Senior Attorney / Florida Bar Number 097493 : Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 wane | | Case # 98-20865 | | “Pee S-190 -9% | | Cow art a Borge | U 1S) _, BUDDY FLORES ROOFING 112 RACETRACK RD. FT.WALTON BEACH, Fl. 32547 April 20, 1999 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION: CASE # 98-20865 ELECTION OF RIGHTS COMPLAINT. } DO DISPUTE THE MATERIAL FACTS ALLEGED IN TH ADMINISTRATIVE . BURING SEVERAL PHONE CALLS MADE BY JENNER, | MADE ATTEMPTS TO REACH HIS TENANT TO SCHEDULE A WARRANTY CALL. WE DID DO ADDITIONAL WORK TO TRY TO CORRECT PROBLEMS. TO DATE | HAVE ATTEMPTED TO HONOR THE ONE-YEAR WORKMANSHIP WARRANTY; | DID NOT BY ANY MEANS IGNORE THIS AND MADE MORE THAN ‘ONE REPAIR AT NO COST TO THE OWNER. | HAVE THE ORIGINAL TECHNICIAN WHO WORKED ON THE HOUSE AND CAN PROVIDE A STATEMENT AS TO THE CONDITION OF THE ROOF BEFORE AND AFTER SAID REPAIR. TRYING TO CORRECT POOR WORKMANSHIP DONE BY ORIGINAL INSTALLATION TG BEGIN WITH IS DIFFICULT AND CAN TAKE SEVERAL TIMES BEFORE A FINAL SOLUTION. WE MADE THE OWNER AWARE OF OUR OPINION OF HIS ORINGINAL INSTALLATION OF HIS ROOF, WHICH WAS THE CAUSE OF THIS REPAIR AND WOULD BE THE CAUSE OF SOME ADDITIONAL PROBLEMS. PROVIDING A WORKMANSHIP WARRANTY CAN BE DIFFICULT WHEN ! GO IN BEHIND OTHER ROOFERS MISTAKES. [AM WILLING YO LUIS A FLORES, WORK THROUGH THIS PROBLEM WITH THE OWNER. OWNER a Kimbrough

Docket for Case No: 00-003060PL