FILED Deparment of Business any Heofesstonnl Regulation AGENCY CLERK CLERK Sarah Wachman Date 7/15/2009 STATE OF FLORIDA na DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD OIviIston © DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2008-020528 RENE A. AVILES D/B/A TOTAL SCREEN, Respondent, / a 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 regulating the practice of contracting pursuant to Section 20.168, 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 ¢G €1513065, which is at present time in a current and active status. 3. Respondent's last known address of recerd is 1121 SE 12** Place, Cape Coral, FL 33990, GAOGCA rdulewAviles AC 2008-020528 Cardec.doc i 6P/8e Fovd dad 98TbTcbese Se-T 6hae/2e/UT TROT 600¢ 4@ 450 4, At all times material hereto, Respondent was doing business as A & oD Holdings Group, Ine., which has been appropriately qualified as required, receiving a certificate of authority and license QB53493, A « D 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 Full Construction Services, Ine, (“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 thet all primary qualifying agents for 4 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 June 13, 2007, Respondent, doing business as Total Screen, entered into a contract with Angel Cardec (“Cardee”) to construct an aluminum roof structure and pool enclosure at 1898 SW 42 Avenue, Ft. Lauderdale, Florida. 8. The contract price was $14,749.00, of which amount Cardec has paid a total of $5,162.90 to Respondent. GAOGC\Ardelean\Avilus AC 2008-20528 Cardee.doc 2 6P/6a Sovd dad 98TbTcbese Se-T 6hae/4e/UT TR:0OT 6002 4@ 450 9, Respondent applied for a permit on July 30, 2007. The permit was approved on September 12, 2007, and expired on April 1, 2008. 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. l2. Respondent failed to refund any amount of monies paid by Cardec,. 13. Cardee did not waive in writing the 30-day period in which Respondent was to apply for a work permit, nor did he waive in writing the 90-day period in which Respondent wags to commence work 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 construction to residential real property must apply for permits necessary to do work within 30 days after the GAOGC\Ardelean\Aviles AC 2008-020528 Curdeedoc 3 BP/BE Favd dad 98TbTcbese Se-T 6hae/4e/UT TROT 600¢ 4@ 450 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), Plorida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part T, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489,.126(2), Florida Statutes, COUNT TWO 17, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 18. Section 489,126(2) (b), 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 construction to residential real property must start the work within 90 days after the date all necessary permits for work are issued, unless the person who made the payment agreed, in writing, to a longer period to start the work. 19, 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, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489.126(2), Florida Statutes. GAOGC\Ardelean\Aviles AC 2008-020528 Cardee.doe 4 BP/TE Savd dad 98TbTcbese Se-T 6hae/4e/UT TR:0OT 6002 4@ 450 COUNT THREE 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein, 21, Based on the foregoing, Respondent violated Section 489.129(1)(g)2, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm te a customer, Financial mismanagement or misconduct occurs 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 contracter as of the time of abandonment, unless the contractor is entitled to vetain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned, COUNT FOUR 22, Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1)(j), 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 30 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason GAOGC\aArdelean\Aviles AC 2008-020528 Cardecdo¢ 5 BP/ee Fad dad 98TbTcbese Se-T 6hae/4e/UT cr:oTt 600¢ 42 450 for termination, or fails to perform work without just cause for 90 consecutive days. COUNT FIVE 24, Petitioner re-alleges and incorporates the allegations Set forth in paragraphs 1 through 13 as though fully set forth herein, 25, Based on the foregoing, Respondent violated section 482,129(1) (m), -Plorida Statutes, by committing incompetence or mismanagement 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 renéwal of the certificate or registration, require financial restitution te 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, GAOGC\Ardelean\Aviles AC 2008-020528 Cardee.doc 6 BPfEE Fad dad 98TbTcbese Se-T 6hae/4e/UT cr:oTt 600¢ 42 450 Siqned this SALLI day of Cat a 1 2009, - LS CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Assistant General Counsel Florida Bar No: 734853 Department of Business and Professional Regulation Office of the General Counsel 1940 Nerth Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PCP Date _(-Z2%5-O% PCP Members Seetna Morel GAOGC\Ardelean\a viles AC 2008-020528 Cardec.doc 7 BP/PE Sav dad 98TbTcbese Se-T 6hae/4e/UT cr:oTt 600¢ 42 450 NOTICE OF RIGHTS Respondent has the right to request a4 hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, 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 4 hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request 4 hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has ineurred 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, GAOGC\Ardelean\Aviles AC 2008-020528 Cardecdoc 8 BP/SE Fad dad 98TbTcbese Se-T 6hae/4e/UT erat 600¢ 4é@ 450

Docket for Case No: 09-005901