ag/ 38/2818 15: 44 Mar 30 2010 15:13 8589219186 DEPR PAGE 83/88 FILED. Gogarenent of Dusines: no Proferonal Régutation: Deputy Agency Clerk CLERK Branden Nichols Dee 9/14/2008 File # STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, ve Case No. 2008-OQ61151 NEIL RUBIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation, files this Administrative Complaint before the Construction Industry Licensing Board, against Respondent, NEIL RUBIN, 1. and alleges: Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, 2. and Chapters 455 and 489, Florida Statutes. At all times material to this complaint, Respondent was licensed as a Certified Residential Pool/Spa Contractor in the State of Florida, having been issued license number CPC1456525. 3. Avenue, Respondent's address of record is 4451 S§.W. 95th Cooper City, Florida 33328. Mar 30 2010 15:13 63/38/2016 15:84 8589219186 DEPR PAGE 84/88 4. At all times material to this complaint, Respondent was licensed as the qualifying agent of Tierich Enterprises, Inc. d/b/a Atlantic Marcite Company (hereinafter referred to as “Contracter”), a Florida corporation with qualified business organization certificate of authority (“OB license”) number QB23255. 5. Section 483.1195(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. 6. On or about December 22, 2007, Contractor entered into two written contracts with Randall De La Vega (“De La Vega”), Per one of the contracts, Contractor was to replaster and replace the main drain of the swimming pool at De La Vega’s residence located at 10325 S.W, 20th Street, Davie, Florida, for $5,620.00. Subsequently, Contractor and De La Vega agreed that for the additional price of. $5,500.00, Contractor would perform some additional work described in a Contractor invoice dated March 5, 2008, as “Filter, Skimmer, Chlorinator, deck Jets, Bulb & Gasket, main Drain.” Per the other contract, Contractor was to construct a paver pool deck/patio and walkway at De La Vega’s Mar 30 2010 15:13 83/38/2616 15:64 8589219186 DEPR PAGE 85/89 residence, for $11,800.00. The total price for all work was $22,920.00. Te Pursuant to the contracts, De La Vega made payments to Contractor on or about the following dates and in the following amounts: in the following amounts: Date Amount December 21, 2007 $5,730.00 February 6, 2008 4,000.00 February 6, 2008 4,130.00 March 8, 2008 3,540.00 March 8, 2008 5,520.00 $22,920.00 Total 8. During the period from approximately January 15, 2008, fo March 8, 2008, Contractor performed work in furtherance of the project. 9. Contractor failed to apply for or obtain any building permits for the project, even though one or. more building permits were required by the Town of Davie building department. COUNT ONE 10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. dl. Respondent violated Section 489.129(1) (0), florida Statutes (2007), by proceeding on any job without obtaining applicable local building department permits and inspections, by Mar 30 2010 15:13 aa/3e/281e 15:84 8589219186 DEPR PAGE 86/88 proceeding to work on the project in this case without obtaining & building permit and building department inspections. COUNT TWO 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Section 489,126(2) (a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, of construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work do@és not require a permit under the applicable codes and ordinances,” 14. Respondent violated Section 489.129(1) (i), Florida Statutes (2007), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful “order of the board, by failing to apply for a building permit ‘for the project in this case within 30 days after having received initial payment totaling more than 10 percent of the contract price, in violation of Section 489.126(2) (a), Florida Statutes. ‘ WHEREFORE, petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, Mar 30 2010 15:14 aa/3e/281e 15:84 8589219186 DEPR PAGE @7/ae 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 $10,000 per ‘violation, require continuing education, assess costs associated with investigation and prosecution, impesé any or all penalties delineated within Section 4355,227(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 11° day of September, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Requlation By: Theodore R, Gay Theodore R, Gay Assistant General Counsel Florida Bar No, 242896 Department of Business and Professional Regulation Office of the General Counsel 8240 N.W. 52nd Terrace, Ste. 304 Miami, FL 33166 (305) 470-6783 ext. 2225 Telephone (305) 470-5781 Facsimile PCP Date:06/23/09 PCP Members: Bailey/Moody TRG/

Docket for Case No: 10-001712PL