re U w) oo Fro, “0 & te oy STATE OF FLORIDA “p , PS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAYAON’S a CONSTRUCTION INDUSTRY LICENSING BOARD Myst, y DIVISIONS I & II M life % Wd, DEPARTMENT OF BUSINESS AND Os “been PROFESSIONAL REGULATION, ; " Petitioner, Case No. 98-18288 vs. . (1) - 2863 FL- ROBERTO O. DE LEO, Respondent. y° ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERTO O. DE LEO, ("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 is, and has been at all times material hereto, a Certified Roofing Contractor, in the State of Florida, having been issued license number CC C056659. 3. Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number CG C046414. 4. Respondent's last known address and address of record is 8230 S.W. 62 Court, Miami, Florida 33143. U UW 5. At all material times hereto, Respondent was licensed as qualifying agent for MIAMI ROOFING CONTRACTOR’S COMPANY (hereinafter referred to as “Contractor), and as such was responsible for the acts, omissions, and financial conduct of the business as it relates to contracting. 6. Contractor is a Florida Corporation, assigned Corporation Number P95000085244 by the Florida Department of State, Division of Corporations. 7. On or about February 19, 1997, Contractor contracted with CARLOS MARTINEZ and MARIA WHITE (hereinafter WHITE) to do a roof project on WHITE’S residence located at 8320 Nw 180‘" Street, Hialeah, Florida. — 8. The contract price was $4,480.00. 9. The contract referred to the name of Contractor as MIAMI ROOFING CO., however Contractor was not legally authorized by the ‘Florida Department of State to conduct business under said name as either a corporation or fictitious name. Furthermore, the said contract as well as the building permit application contained Respondent’s certified roofing contractor license number. 10. Contractor obtained Building Permit No. 97052256 from Metropolitan Dade County Building and Zoning Department for the project. 11. WHITE paid Contractor $4,032.00. Pursuant to the terms of the contract, the remaining $448.00 was due upon U 7] completion of the work. 12. The aforesaid project was never completed by Contractor in that the work performed by Contractor failed a required final ; inspection by the aforesaid building and zoning department on or about April 17, 1997. 13. Contractor performed no work on the job since at or about the time of the failed final inspection thereby abandoning it without just cause and without proper notification to WHITE. Contractor has failed to perform work without just cause for at least 90 consecutive days. 14. As a result of Respondent’s failed final inspection and abandonment, WHITE was required to hire another Contractor to I complete the project and obtain a passing final inspection. The total cost to WHITE to complete the project as adjusted for thange orders, if any, was $5,632.00, which is $1,152.00 more : ‘than the price contracted with Contractor. Such increase in cost was not the result of circumstances beyond the control of the contractor, was not the result of circumstances caused by the customer, or was not otherwise permitted by the terms of the contract between the contractor and customer. | | 15. Respondent did not visit the job site and was not otherwise involved in the contracted project. Respondent was also not involved in the business operations or the financial matters of Contractor. | | | | | wo] WW 16. Chapter 489.1195 (1) (a), Florida Statutes (1997), provides that all 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. . 17. Chapter 489.1425 (1), Florida Statutes (1997), provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. The aforesaid contract failed to include the required written statement. \ COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seventeen as though fully set forth in this Count I. 19. Based on the foregoing, Respondent violated Chapter 489.129(1)(j), Florida Statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.1195 Florida statutes (1997), by failing to supervise all field work at all sites and financial matters and business operations for each specific job , f t i | \ i | | | U UW and for Contractor's company. COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth in this Count II. 21. Based on the foregoing, Respondent violated Chapter 489.129(1) (9g), Florida Statutes (1997), by acting in the capacity of a contractor under any certificate or registration issued under Chapter 489, Florida Statutes, except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder ox registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. \ i \ COUNT III 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-one as though fully set forth in this Count iil. 23. Based on the foregoing, Respondent violated Chapter 489.129(1) (p), Florida Statutes (1997) by proceeding on any job without obtaining applicable local building department permits and inspections. U U COUNT IV 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth in this Count IV. 25. Based on the foregoing, Respondent violated Chapter 489.129(1) (h)3, Florida Statutes (1997) by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor’s job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise ipermitted by the terms of the contract between the tontractor and customer. COUNT _V 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-five as though fully set forth in this Count V. 27. Based on the foregoing, Respondent violated Chapter 489.129(1) (k), Florida Statutes (1997), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project WU wo] 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 VI 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twenty-seven as though fully set forth in this Count.VI. 29. Based on the foregoing, Respondent violated Chapter —489.129(1) (3), Florida Statutes (1996 Supp.) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.1425 (1), Florida Statutes (1997) in failing to include a statement in the contract explaining the Construction Industries Recovery Fund. \ 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 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 P COUNSEL FOR DEPARTMENT: Michael D. Soifer Senior Attorney Department of Business and Professional Regulation Rhode Bldg., Phase II 401 NW 2° Street, N607 Miami, Florida 33128-1765 MDS ‘December 15, 1999 ‘Case #98-18288 CohKL & Dow By: Cathleen 0’ Dowd Lead Attorney (PeP) Jan 25, acco aay of Fe Arvany , 2000 Division I : : Gene Simmons | Paul MEKidtriek Division IL : Keith Laws FILED Department of Business and Professional Regulation DEPUTY CLERK : . pene vel S0n Sr] Richard T. Cou

Docket for Case No: 00-003863PL