Department of Busines arid ¥rofensional Kegulation AGENCY CLERK ChERK Saran Wachman Pate 7715/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION T DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vy Casé@ No. 2007-067551 RENE A, AVILES . D/B/A TOTAL SCREEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against RENE Ay AVILES, (“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 aj1 times material hereto, a Certified General Contractor in the State of Florida, having been issued License number CG C1513065, 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, GAQGCAA rdelean\avilea AC 3007-06785 | Rios. doc I BP/éB Sod dad 98TbTcbese Se-T 6hae/2e/UT 28:07 600¢ 4é@ 450 4. At all times material hereto, Respondent was doing business as A & OD Holdings Group, Inc,, which has been appropriately qualified as required, receiving a certificate of authority and license 0B53493, 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, Inc. (“Full Construction”), which has been appropriately qualified as required, receiving a certificate of authority and license OBG60156. 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 ail 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 13, 2007, Respondent, doing business as A & D Holdings Group, Inc. and Total Screen, entered into a contract with Marta Rios (“Rios”) to construct a pool with spa, deck, equipment and pool enclosure at 813 Julio Circle, Lehigh Acres, Florida. a, The contract price was $30,000.00, of which amount Rios has paid a total of $21,000.00 to Respondent. GAOGC\Ardeiean\Aviles AC 2007-06753] Rigs. doc 2 6P/8a Sod dad 98TbTcbese Se-T 6hae/4e/UT 22:07 600¢ 42 450 3, A permit for the pool construction was obtained by another contractor, Pelican Home Builders on August 9, 2007, and construction of the pool started shortly thereafter. 10, Respondent abandoned the project in September 2007. ll. The percentage of contracted work completed was less than the percentage of the contract price paid, i2. Respondent failed to refund any amount of monies paid by Rios. COUNT ONE 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein, 14. 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 to 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 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 &xcess funds within 30 days after the job is abandoned. GAOGC\Ardelean\A viles AC 2007-06755 1 Rios.doc 3 6P/6A Sovd dad 98TbTcbese Se-T 6hae/4e/UT 28:07 600¢ 4é@ 450 COUNT TWO 15. Petitioner re-alleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 16, 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 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 THREE 17. Petitioner re-alleges and incerporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 16. 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 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 GAOGC\Ardelean\A viles AC 2007-067551 Rios.doc 4 BP/AT Sad dad 98TbTcbese Se-T 6hae/2e/UT 22:07 600¢ 42 450 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, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other velief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this USN day of Ards , 2009. CHARLES W, DRAGO, Secretary Department of Business and Professional Regulation By: - ) Ardelean Resistant General Counsel Jflorida Bar No: 734853 Department of Business and Professional Regulation Office of the General Counsel 4940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PCP Date tp - 2-ON PCP Members ouster iWighand GAGGC\Ardelean\ viles AC 2007-067551 Rivs.dog 5 BP/TT = Savd dad 98TbTcbese Se-T 6hae/2e/UT 22:07 600¢ 42 450 NOTICE OF 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 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 a hearing is 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 hearing 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 timé, against the Respondent in addition to any other discipline imposed. GAOGC\Ardeluan\a viles AC 2007-067551 Rigs.doc 6 BP/eT Sod dad 98TbTcbese Se-T 6hae/4e/UT Be:0T 600¢ 42 450

Docket for Case No: 10-003111