FILED

af Bu:ift1(m Rn!! rrlftk ltinnl ll4! 11111uon

Ll@puty Ag1:1n¢y Clerk

Evelia l.,r,wt-Oh-Proctor

6/1/2011

07/28/2011 01:35 8509219185 DBPR PAGE 02/09

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs. Case No. 2011-000361

ROBERT E. HOFFMAN,

Respondent.

/

ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION, (Petitioner), files this Administrative Complaint before the Construction Industry Licensing Board, Division I & II, against Robert E. Hoffman, (Respondent), and alleges:

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. At all times material to this Complaint, Respondent was licensed to practice contracting within the State of Florida pursuant to Chapters 455 and 489, Florida statutes, having been issued license number FRO 4620, which is in a "Current" status.

3. Respondent's addxess of record is 550 Ansin Boulevard, Hallandale, Florida 33009.

   07/28/2011 01:35 8509219185 DBPR PAGE 03/09

   
   

4. At all times material to this Complaint, Respondent was the construction financial officer for Rolladen, Inc., (Rolladen) .

5. Rolladen is a qualifi.ed business entity having been issued license number QB 15580, which is in "curi:ent" status.

6. Section 489.1195 (1) (b), Florida Statutes (2009-2010), states a financially responsible officer shall be responsible for all financial aspects of the business organization.

7. On or about June B, 2010, Doris Lohfink-McArthur, (Complainant), entei:ed into a contract with Rolladen to have hurricane shutters installed on Complainant's home located at 7300 Pine Forest Circle, Lake Worth, Florida 33467.

B. The contract price was $3,461.00, of which Complainant paid $2,768.00. On June 8, 2010, Complainant paid $11 384 . 00 under the contract. On July 21, 2010, Complainant paid

$1 1 3 8 4 . 00 under the contract.

1. To date, Rolladen has failed to install the hurricane shutters.

2. To date, Rolladen has failed to deliver materials allegedly ordered under the contract.

3. To date, Rolla.den has failed to refund any amount of monies paid by Complainant under the contract.

12. Section 489.129(1) (j), Florida Statutes (2009-2010), provides for discipline against a licens<a>e fer abandoning a,

Documc t in Unn m d

07/28/2011 01:35 8509219185 DBPR PAGE 04/09

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.

1. Rolladen terminated the project without just cause or without proper notl.fication to the owner.

2. Rolladen failed to perfo,rm work wi.thout just cause for

   
   

   90 consecutive days.

   
   

3. Rolladen was not entitled to retain the funds under the terms of the contract.

16. Section 489.129(1) (g)21 Florida Statutes (2009-2010), provides for discipline against a licensee for 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 enti.tled to retai.n such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned.

boc1 m0nt ln Uhnamed 3

07/28/2011 01:35 8509219185 DBPR PAGE 05/09

1. Based upon the facts set forth above, Respondent violated section 489.J.29(1) (g)2, Florli.da Statutes (2009-2010),

   including but not limited to one or mo' r o:E the following ways:

   i

   1. By failing to refund a.n) amount of monies pa.i.d by Complainant under the cont,:-act after Rol.laden failed

      to install the hurricane shutters;

      '

      I

   2. By failing to refund any amount of monies paid by

      
      

      Complainant under the contrelct after Rolladen failed to deliver materials allegedly ordered under the contract.

2. Based upon the foregoing, Rekpondent violated section 489.129(1) (g)2, Florida Statutes (2009 2010).

WHEREFORE,

Peti tione.t· respe

tfully

requests the

Construction Industry Licensing Board

'·

I

'enter an Order imposing

one or more of the fol.lowing penal t:iles: place on probation,

reprimand the licensee, revoke, d, deny the issuance or

.,enewal of the certificate or regist !ation, requi.,e fine.ncial restitution to a consumer, impose an ciminist,:-ative fine not to

exceed $1 01 ooo per viola.tion, r.equi ,e continuing education,

',

assess costs associated with invest 'igation and prosecution,

impose any or all penalties

de ineated within

Section

455.2:27 (2), Florida Statutes, and/or

Board i.s authorized to impose pursua

other relief that the

to Chapters 489, 455,

i

Florida Statutes, and/or the rul-'S prom J.gated thereunder.

Documont in U narned

Signed this 17th day of May, 2011.

'

KEN LAWSON, Secretary Department of. Business and

Profes ional Regulation

By:

i

Pooid S. Pate{            Pooja s. Patel Assistant:General Counsel Department of Business and Professional Regulation Office ofithe General Counsel 1940 North Monroe Street, sui.te 42 :

Tallahassee, Florida 32399-2202

(850) 10sJ0062 Telephone

(850) 921J9186 Facsimile

PC Found: 04/26/2011 By: Moody, R./Watts, J. Divisi.on II

PC Found: 05/17/2011

By: Evetts, J./Burke, A. Di.vision I

NOTICE OF RIGHTS

Respondent has the right to request a hearing to be

conducted Florida

in accord.ance Statutes, to be

with Sections represented

J.20.569 and by counsel or

120.57,

other

qualified representative, to present evidence and argument, to call and cross-examine witn1asses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requ1asted. Rul.e 28-J.06.111, Flori.da Administrativ-1a Code, provides in part that i.f Respond1ant fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, R1aspondent waiv-es the right to request a hearing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incur.red costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3)(a), Florida Statutes, the Bo.i,rd, or the Department when there is no Board, may eissess 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 di.scipli.ne imposed.

ooeument 11':1 Unnarnt:!d

Docket for Case No: 11-003726PL