FILED OebarGnent of Business and Professional Raryulution AGENCY CLERK } CLERK Sarah Wachman Date 7/48/2009 Filo # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2007-063993 RENE A. AVILES D/B/A TOTAL SCREEN, Respondent. / as ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against RENE A. AVILES, (“Respondent”), and says: 1. Petitioner is the state agency charged with reghlating 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 in the State of Florida, having been issued license number CG ¢€1513065, which is at present time in a current and active status. 3. Respondent's last known address of record is 1121 SE 12° Place, Cape Coral, FL 33990. GAQGCArdeigui\aviles AC 2007-06303 Chwens.dag 1 BP/Té 9 Savd dad 98TbTcbese Se-T 6hae/4e/UT BE:0T 600¢ 42 450 4. At all times material hereto, Respondent was doing business as A & D Holdings Group, Inec., which | has been appropriately qualified as required, receiving a certificate of authority and license QB53493, A « p Holdings Group, Inc. was engaged at all times material hereto in business under the fictitious name of Total Screen ("Total Screen”) 5. At all times material hereto, Respondent was doing business as Fuil Construction Services, Inc. (“Full Construction”), which has been appropriately qualified as required, receiving a certificate of authority and license QB60156, 6. 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, 7. On or about July 16, 2007, Respondent, doing business as Total Screen, éntered into a contract with Pamela Owens (“Owens”) to build a screen enclosure at 2456 NE 17% Avenue, Pompano Beach, Florida. 8. The contract price was $7,450.00, of which amount Qwens has paid a total of $2,607.CO to Respondent. 9. Respondent failed to apply for a permit. GAOGC\Ardelean\Aviles AC 2007-063993 Owens.doc 2 Bpfee Fovd Ada JSTETé6eS8 Se-@T bee //2/T OF:OT 600¢ 4é@ 450 10. Respondent failed to commence construction under the contract. 11. The percentage of contracted work completed was less than the percentage of the contract price paid. 12. Respondent failed to refund any amount of monies paid by Owens. 13. Owens did net waive in writing the 30-day period in which Respondent was to apply for a work permit pursuant to Sec, $489,126(2), Florida Statutes. COUNT ONE 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 15. Section 489.126(2) (a), Florida Statutes, states that a contractor who receives, as initial Payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or censtruction te residential real property must apply for permits necessary to do work. within 30 days after the date payment is‘ made, except where there the work does not require a permit under the applicable codes and ordinances. 16. Based on the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing in any material fespect to comply with the provisions of Chapter 489, Part I, GAGC\Ardelean\ viles AC 2007-063993 Owans.dos 3 BPfEd avd dad 98TbTcbese Se-T 6hae/2e/UT OF:OT 600¢ 42 450 Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 989,.126(2), Florida Statutes. COUNT TWO 17, Petitioner renmalleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein, 18. Based on the foregoing, Respondent violated Section 489.129(1) (q)2, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct socurs when the contractor has abandoned a customer's job and the percentage of completion is less that 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 job is abandoned. COUNT THREE 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 489.129(1) (4), Florida Statutes, by abandoning the construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days GAGGC\Ardelean\Aviles AC 2007-063903 Owens.doc 4 BP/Pa SBM dad 98TbTcbese Se-T 6hae/2e/UT OF:OT 600¢ 42 450 I j j ause or if the contractor terminates the project without just ¢ without proper netification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT FOUR i. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. #2. Based on the foregoing, Respondent violated section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the Practice of contracting. WHEREFORE, Petitioner fespectfully requests the Construction Industry Licensing Board enter an Order imposing one of more of the following Penalties: place on probation, reprimand the licensee, fevoke, suspend, deny the issuance or tenewal of the certificate or tegistration, require financial festitution to a consumer, impose an administrative fine not to exceed $10,000 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, tn jf Nt us AC ae Owens. dag j dad BP/Se avd OF:OT 600¢ 4é@ 450 98TbTcbese Se-T 6hae/4e/UT Signed this At day of GH , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation wo By: rin A delean Assistant General Counsel “Florida Bar No: 734853 Department of Business and Professional Regulation Office of the General Counsel 12340 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PCP Date (p-Z2D-OA PCP Member OS oo Tae Gt embers \ Ghana) GAOGC\Ardelean\a viles AC 2007-063903 Qwens.doc 6 BP/9e SBvd dad 98TbTcbese Se-T 6hae/4e/UT TR:0OT 6002 4@ 450 NOTICE OCF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120,57, Florida Statutes, to be vepresented by counsel or other qualified représentative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing ig requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a nearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this Matter. Pursuant to Section 455,227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, May assess Costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGCArdelea\Aviles AC 2007-063993 Owens doe ? Bpfic Sod dad 98TbTcbese Se-T 6hae/4e/UT TR:0OT 6002 4@ 450

Docket for Case No: 09-005900