Feb 11 2008 13:13 2/11/2688 13:56 8589219186 DEPR PAGE 84/88 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-001341 vs. RODOLFO TEODORO GOMEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RODOLFO TEODORO GOMEZ, ("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 Building Contractor, in the State of Florida, having been issued license number CB CO57705, 3. Respondent's address of record is 3370 SW 107% Avenue, Miami, Florida 33165, 4. From about October 29, 2001 to about June 26, 2006, Respondent was licensed as Feb 11 2008 13:13 2/11/2688 13:56 8589219186 DEPR PAGE 85/88 the qualifying agent of All Star Stucco, Inc., a Florida corporation (hereinafter referred to as “Contractor”). Beginning on or about June 26, 2006 Respondent was licensed as the qualifying agent for A-Plus Gemini Development, LLC, a Florida limited liability company. A-Plus Gernini Development LLC was issued qualified business organization certificate of authority. number QB48816. 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 genetal and for each specific job. 6. At all times material hereto, Gemini Construction and Engineering, Inc. (“Gemini”) was a Florida corporation. At all times material hereto, the Respondent controlled and operated and was the sole corporate officer of Gemini. ) 7, On or about November 9, 2003, Gemini entered into a written contract with Mary and Ernest Evans (hereinafter referred to as “Customers”) to construct an addition to, and to remodel, the Customer’s residence located at 741 SW 7" Terrace, Hallandale Beach, Florida. 8. The contract price was Sixty Seven Thousand Four Hundred Thirty Nine ‘dollars ($67,439.00). | 9. - The contract did not include a written explanation of the congumer’s rights under the Construction Industries Recovery Fund, subsequently renamed the Florida Elomeowners’ Construction Recovery Fund. 10. Pursuant to the contract, from about November 9, 2003 to about July 24, 2004, the Customers paid Gemini a total of Forty Three Thousand Eight Hundred Thirty Five dollars Feb 11 2008 13:14 g@2/11/2888 13:56 8589219186 DEPR PAGE 86/88 and Thirty Five cents (343,835.35). 11. Onor about November 26, 2003, the Contractor applied to the City of Hallandale Beach building department for a building permit for the project. The application was approved, and on or about March 25, 2004 building permit number 04 00000456 was issued. 12. During the period from approximately March to August 2004, Gemini performed or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to the Customers, the Respondent failed to perform any further work, thereby abandoning the project. 13. The Customers have incurred or will incur total costs to complete the project substantially in excess of the original contract price. OUNTI 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 15. Based upon the foregoing, the Respondent violated Section 439.129(1)(0), Florida. Statutes (2002), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the ismed certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. | COUNT 16, _- Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count II, 3 Feb 11 2008 13:14 g@2/11/2888 13:56 8589219186 DEPR PAGE @7/ae 17. 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 tights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 18. ‘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 rale or lawful order of the board. | COUNT. TI 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count TT. 7 20. Based upon the foregoing, the Respondent violated Section 489,.129(1)(@), 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. 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, end/or any other relief that the Board is authorized to impose pursuant to Feb 11 2008 13:14 2/11/2688 13:56 8589219186 DEPR PAGE 88/88 Chapters 489, 455, Florida Statutes, aud/ot the rules promulgated thereunder. Signed this “Vern day ae 2007. TT hectic. Heo, & THEODORE R. GAY —}- ASSISTANT GENERAL COUNSEL - COUNSEL FOR DEPARTMENT: FUL E D Department of Business and Professional Regulation AGENCY CLERK Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation CLERIC Sea wr Fe . {ews og 8685 NW 53” Terrace, #100 / _ Miami, FL 33166 pare 2 ee 7200] (305) 470-6783 Ext. 2225 TRG/sb Case #2006-001341 PC Found 01/23/07 Division & Del Veochio& Kane

Docket for Case No: 08-000695PL