SSSR . . 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD _ DIVISION I DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION, Petitioner, VS.0 7 : : ~~ Case No. 2000-05968 OSCAR E. MATUTES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this ‘Administrative Complaint before the Construction Industry Licensing Board, against OSCAR E. MATUTES, (" Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, F lorida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number CGCA05286. 3. Respondent's last known address is 6595 NW 36" Street, Apartment 203, Miami, Florida 32166. Sopris ae 4. Atall times material hereto, the Respondent was licensed to practice contracting as Aurora Builders, Inc., qualified business license number QB0003796. This certificate of authority is in delinquent status. 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 around December.13, 1999, Respondent contracted with Gustavo Arias to remove a room addition and build a new addition at the Arias home located at 814 86" Street, Miami, Florida. | 7. The contract price was $34,800.00 and Respondent was paid $6,960.00 as a deposit on or around January 31, 2000. ; 8. The contract did not Lontain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 9. Respondent was paid a deposit which equaled twenty percent of the total contract price. 10. Respondent performed less than twenty percent of the work on the Arias project and failed to return remaining money to the Arias family within thirty days. 11. | Respondent failed to obtain a permit for the Arias project within ninety days of receiving a down payment equaling more than ten percent of the contract price, as required by Section 489.126(2)(a), Florida Statutes. 12. Respondent never began work on the project or returned money to Arias within ween pepe ee a are choca HB va ninety days. COUNT 1 13. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Based upon the foregoing, Respondent violated Section 489.129(1)(g)(2), Florida Statutes, 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 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, unless _ ‘the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned COUNT II 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 16. Section 489.1425, Florida Statutes, 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. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(4), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board. ei ted-cnsuttauachaaanad ge re ae) are ae Likiia.. ‘COUNT III 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count III. “19. Section 489.126(2)(a), Florida Statutes, provides, in part, that a contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction of a residential real property must apply for permits necessary to do work within 30 days after the date payment is made. 20: Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating amule or lawful order of the board. . . COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count IV. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)Q), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project 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. 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 ne rR . COUNSEL FOR DEPARTMENT: 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 se day of , 2001. ROBERTA. CRABIL LEAD CONSTRUCTION ATTORNEY _Patrick F. Creehan Dapartmant of Business and Professorial Regulation - Assistant General Counsel DEPUTY CLERK Department of Business and Professional Regulation rb: ta L WW 7, Lh bt 1940 North Monroe Street CLERK ’ Tallahassee, FL 32399-2202 ae pare. 7 > @-200) RAC/PFC Case # 98-23178 OF fe Pep: 6-20-01 | 4

Docket for Case No: 01-004931PL