OT- USUBPL STATE OF FLORIDA oe y DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION S CONSTRUCTION INDUSTRY LICENSING BOARD ks “ : DIVISION I OD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-014772 MARSHA PAOLA DIQUEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARSHA PAOLA DIQUEZ, ("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 Commercial Pool/Spa Contractor, in the State of Florida, having been issued license number CP C1456644. 3. Respondent's address of record is 10072 NW 50" Street, Sunrise, Florida 33351. 4 At all times material hereto, Respondent was licensed as the qualifying agent for Legacy Pools of South Florida, Inc., a Florida corporation (hereinafter referred to as “Contractor"). The Contractor was issued qualified business organization certificate of authority number QB26430. 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 ofthe 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 March 22, 2005 the Contractor entered into a contract with Mike and Cary Maranges (hereinafter referred to as “Marangeses”) for the construction of a swimming pool with a spa and deck at the Marangeses’ residence located at 6051 S.W. 178th Avenue, Southwest Ranches, Florida. 7. The contract price was Forty Six Thousand Five Hundred Forty dollars ($46,540.00). 8. The contract did not include the Respondent’s license number or the Contractor’s certificate of authority number. 9. During the period from March 22, 2005 to September 2, 2005 the Marangeses made payments to the Contractor totaling Thirty Two Thousand Five Hundred Seventy Eight dollars ($32,578.00). 10. Onor about May 31, 2005 the Broward County building department issued building permit number 05-05153 to the Contractor for the project. 11. The contract included a provision that construction would be completed within 60 business days from the date of issuance of the building permit. 12. In June 2005 the Contractor commenced the project. By approximately 2 September 2005 the Contractor had excavated the pool and had built the concrete pool shell and had passed building department inspections for the pool main drain, the pool bonding, and the pool steel. At that time the Contractor advised the Marangeses that the Contractor would be unable to proceed with the project for an unspecified period of weeks due to the Contractor’s unspecified internal problems and due to the need to revise the construction plans, and the Contractor asked the Marangeses to forebear taking any action. The Marangeses agreed. 13.‘ Thereafter, however, the Contractor failed to communicate with the Marangeses about resuming work on the project until the Marangeses filed a complaint against the Contractor with the Broward County Consumer Affairs Division on or about February 14, 2006, at which time the Marangeses agreed to allow the Contractor to resume work. 14. Thereafter, the Contractor performed or attempted to perform certain plumbing work called for by the contract, but the Contractor’s work failed the building department’s pool perimeter piping inspection twice, on February 24, 2006 and March 15, 2006, after which the Contractor, citing financial problems, withdrew or was terminated from the project. 15. Thereafter the Marangeses have incurred or will incur expenses to have the project completed by others at a total cost substantially exceeding the original contract price. COUNTI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count 1. 17. Section 489.119(6){b), Florida Statutes, provides: the registration or certification ‘number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 18. Based upon the foregoing, the Respondent violated Section 489.129(1}{i), Florida Statutes (2004), 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 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 20. Based upon the foregoing, the Respondent violated Section 489.129(1}(m), Florida Statutes (2004), by committing incompetency 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 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 3S Ra day of O elo ber , 2006. FIL TT Leise. FE... Cn Department of Business and Professional Regulation AGENCY CLERK THEODORE R. GAY ASSISTANT GENERAL COUNSEL curk Sono Zh. nen nn ° vate LON 2000 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/ Case No: 2006-014772 PC Found: October 3, 2006 Division Il: J. Flaherty & J. Cook

Docket for Case No: 07-004543PL