STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, O ee ~ O700 PL Case No. 2003-083889 vs. WALTER FRANCIS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against WALTER FRANCIS, ("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 General Contractor and a Certified Roofing Contractor, in the State of Florida, having been issued license numbers CG C060141 and CC C056782. 3. Respondent's address of record is 689 W. 26" Street, Hialeah, Florida 33010. 4, At all times material hereto, Respondent was licensed as the qualifying agent for Bay Contracting Firm, Inc. (hereinafter referred to as "Contractor"). Bay Contracting Firm, Inc. has a certificate of authority as a qualified business organization (QB license) having been issued license number QB0012682, which expired on or about August 31, 2003. 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. The Respondent failed to renew the QB license for Bay Contracting Firm, Inc. 7. On or about May 9, 2003 the Contractor entered into a written contract with Roberto Oliva (hereinafter referred to as “Oliva”) to re-roof Oliva’s residence at 14764 SW 70" Terrace, Miami, Florida. 8. The contract price was Seven Thousand Five Hundred dollars ($7,500.00). 9. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 10. On or about May 12, 2003 through June 20, 2003 Oliva paid the Contractor a total of Three Thousand Six Hundred Sixty Seven dollars ($3,667.00), 11. Subsequently, on or about July 30, 2003, Oliva paid Gulfside Supply One Thousand Six Hundred Ninety Five dollars ($1,695.00) for tiles to be used for the roofing project. By agreement with the Contractor, the amount of this payment was credited against the contract price. 12. Onor about May 21, 2003 the Contractor obtained permit #2003064555 from the Miami-Dade County building department for Oliva’s re-roof project. 13. During the period from approximately May to June 2003, the Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to Oliva, the Contractor failed to perform further work, thereby abandoning the project. 14. Asaresult of the Contractor’s abandonment of the project, Oliva subsequently had the project completed by others. COUNTY 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Based upon the foregoing, the Respondent violated Section 489,129(1)(j), Florida Statutes (2002), 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. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 18. Section 489,119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2 years. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2002), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT Itt 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count III. 21. — Section 489.1425, Florida Statutes, provides: 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. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2002), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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. rn : Signed this 2" day of Septiemben _, 2004. FILED fe. © Department of Business and Profassicnal Regulation DEPUTY CLERK THEODORE R. GAY 4; |! / ASSISTANT GENERAL COUNSEL CLERK Prarentlh DATE 10 -\3 2004 ‘ COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2003-083889 PC Found: September 28, 2004 Div |: Katmanson & Burke Div Il: Watts & Blankenship

Docket for Case No: 06-000700PL