O¥- 327TPL STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Case Nos. 2007-004815 Petitioner, 2007-006142 2007-006150 vs, 2007-006323 2007-007671 RENEE M. PIROLO, 2007-008706 2007-008716 Respondent. / ADMINISTRATIVE COMPLAINT | Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RENEE M. PIROLO, ("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's address of record is 28059 U.S. Highway 19 North, #327, Clearwater, Florida 33761. 3. Beginning on June 22, 2006, and thereafter at all times material hereto, Florida corporation Thermogard Plus, Inc. (the “Contractor”) was a qualified business organization, having been issued certificate of authority number QB48693, and certified general contractor Ryan Dean Cox Jr., license number CGC1511482, was the Contractor’s primary qualifying agent. mens at 4. Beginning on June 22, 2006, and thereafter at all times material hereto, the Respondent was the Contractor’s Financially Responsible Officer, having been issued license number FRO2670. 5. Section 489.1195(1)(b), Florida Statutes, provides in pertinent part: Upon approval by the board, a business entity may designate a financially responsible officer for purposes of certification or registration. A financially responsible officer shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent. DBPR Case No. 2007-004815 6. On or about April 20, 2006 the Contractor entered into a written agreement with Phyllis Aragona (hereinafter referred to as “Aragona”) for the installation of hurricane shutters at Aragona’s residence located at 2751 South Ocean Drive, Apt. 7038, Hollywood, Florida. 7. The contract price was Three Thousand Nine Hundred Seventy dollars ($3,970.00). 8. ; Pursuant to the contract, on or about April 26, 2006 Aragona paid the Contractor a deposit of One Thousand Eight Hundred Ninety Five dollars ($1,895.00). On or about August 14, 2006 and without authorization, the Contractor charged Aragona’s credit card One Thousand Eight Hundred Ninety Five dollars ($1,895.00), even though the Contractor had not yet commenced working on the project. 9. The Contractor failed to commence the project and failed to refund any of the monies paid by Aragona. Sd ew COUNT I 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count I. 11. Based upon the foregoing, the Respondent violated Section 489.129(1)q), Florida Statutes (2005), 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 12, Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count IL. 13. Based upon the foregoing, the Respondent violated Section 489. 129(1)(g)2., Florida Statutes (2005), 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. DBPR Case No, 2007-006142 14. On or about May 4, 2006, the Contractor entered into a written agreement with Harvey Krupp (hereinafter referred to as “Krupp”) for the installation of hurricane shutters at Krupp’s residence located at 6190 N.W. 98th Drive, Parkland, Florida. 3 15. The contract price was Twenty Five Thousand Seventy Five dollars and Eight cents ($25,075.08). 16. Pursuant to the contract, on or about May 4, 2006 Krupp paid the Contractor a deposit of Ten Thousand dollars ($10,000.00). 17. The Contractor failed to commence the project and failed to refund any of the monies paid by Krupp. COUNT 0 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through seventeen as though fully set forth in this Count IT. 19. _ Based upon the foregoing, the Respondent violated Section 489, 129(1)(), Florida Statutes (2005), 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 IV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through seventeen as though fully set forth in this Count IV. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes (2005), 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. DBPR Case No. 2007-006150 22. On or about June 14, 2006, the Contractor entered into a written agreement with Joseph Levin (hereinafter referred to as “Levin’”) for the installation of hurricane shutters at Levin’s residence located at 6699 N.W. 66th Way, Parkland, Florida, 23. The contract price was Seven Thousand Twenty Six dollars ($7,026.00). 24. Pursuant to the contract, on or about June 20, 2006 Levin paid the Contractor a deposit of Three Thousand Five Hundred Thirteen dollars ($3,513.00). 25. The Contractor failed to commence the project and failed to refund any of the monies paid by Levin. UNT V 26, Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty two through twenty five as though fully set forth in this Count V. 27. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida . Statutes (2005), 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 VI 28. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty two through twenty five as though fully set forth in this Count VI. 29. Based upon the foregoing, the Respondent violated Section 489. 129(1)(g)2., Florida Statutes (2005), 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. 30. | Onor about April 3, 2006, the Contractor entered into a written agreement with Katia Diehl (hereinafter referred to as “Diehl”) for the installation of hurricane shutters at Diehl’s residence located at 6903 N.W. 113th Place, Doral, Florida. 31. The contract price was Fourteen Thousand Six Hundred Eighty dollars ($14,680.00). 32. Pursuant to the contract, on or about April 3, 2006 Dieh! paid the Contractor deposits of Two Thousand Eight Hundred dollars ($2,800.00) and Seven Thousand Three Hundred dollars ($7,300.00), for a total of Ten Thousand One Hundred dollars ($10,100.00). 33. The Contractor failed to commence the project and failed to refund any of the monies paid by Diehl. UNT VIL 34. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty through thirty three as though fully set forth in this Count VII. 35. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2005), 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 Vili | 36. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty through thirty three as though fully set forth in this Count VII. 37. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes (2005), 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. DBPR Case No. 2007-007671 38. | Onor about March 30, 2006, the Contractor entered into a written agreement with Nicholas Papson (hereinafter referred to as “Papson”) for the installation of hurricane shutters at Papson’s residence located at 2865 Antietam Lane, West Palm Beach, Florida. » 39, The contract price was Nine Thousand Six Hundred dollars ($9,600.00). 40. Pursuant to the contract, on or about March 30, 2006 Papson paid the Contractor a deposit of Four Thousand Eight Hundred dollars ($4,800.00). 41. | The Contractor failed to commence the project and failed to refund any of the monies paid by Papson. COUNT IX 42. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty eight through forty one as though fully set forth in this Count IX. 43. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2005), 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 X , 44. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty eight through forty one as though fully set forth in this Count X. 45. Based upon the foregoing, the Respondent violated Section 489, 129(1)(g)2., Florida Statutes (2005), 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 terns of the contract or refunds the excess funds within 30 days after the date the job is abandoned. DBPR Case No. 2007-008706 46. Onor about May 1, 2006, the Contractor entered into a written agreement with Jorge Ortega (hereinafter referred to as “Ortega”) for the installation of hurricane shutters at Ortega’s residence located at 6767 Collins Avenue, Unit 1009, Miami Beach, Florida. 47. The contract price was Four Thousand Seven Hundred Seventy Three. dollars ($4,773.00). 48. Pursuant to the contract, on or about May 10, 2006 Ortega paid the Contractor a deposit of Two Thousand Four Hundred dollars ($2,400.00), and on or about May 11, 2006 Ortega Paid the Contractor Two Thousand Four Hundred dollars ($2,400.00), for a total of Four Thousand Eight Hundred dollars ($4,800.00). | 49. The Contractor failed to commence the project and failed to refund any of the monies paid by Ortega. COUNT XI 50. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty six through forty nine as though fully set forth in this Count XI. 51. Based upon the foregoing, the Respondent violated Section 489.129(1){j), Florida Statutes (2005), 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 XH 52. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and forty six through forty nine as though fully set forth in this Count XH. 53. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes (2005), 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. DBPR Case No. 2007-008716 54. Onor about June 15, 2006, the Contractor entered into a written agreement with Gerardo Gamboa (hereinafter referred to as “Gamboa”) for the installation of hurricane shutters at Gamboa’s residence located at 11365 N.W. 77th Lane, Doral, Florida. 55. The contract price was Six Thousand Five Hundred Twenty dollars ($6,520.00). 56. Pursuant to the contract, onor about June 20, 2006 Gamboa paid the Contractor a deposit of Three Thousand Two Hundred Sixty dollars ($3,260.00). 57. The Contractor failed to commence the project and failed to refund any of the monies paid by Gamboa. COUNT XT 58. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifty four through fifty seven as though fully set forth in this Count XT. 59. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2005), 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. 10 COUNT XIV 60. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fifty four through fifty seven as though fully set forth in this Count XTV. 61. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes (2005), 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. 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 fin e 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, Fi lorida Statutes, and/or the rules promulgated thereunder. Signed this Z3e~ day of _Splwibes__. 2007. & WT hevwtis.. Te. - GS. Sy KS PC Found: September 25, 2007 THEODORE R. GAY Div I: Stewart & Thornton ASSISTANT GENERAL CO! shy Div. II: Bailey & Lawson « ee ae s ser sr & i RS gt sete wees COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8240 NW 52nd Terrace, #304 Miami, FL 33166 (305) 470-6783 Ext, 2225 TRG/ Case # 2007-004815, 2007-006142, 2007-0061 50, 2007-006323; 2007-00767 1, 2007-008706, 2007-0087 16 12

Docket for Case No: 08-003277PL