FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]] pate 6/43/2016 CONSTRUCTION INDUSTRY LICENSING BOARD File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-053070 ROSELINE DUBERCEAU BAPTISTE, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division II, against Roseline Baptiste (“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 hereto, Respondent was licensed as a Certified Roofing Contractor in the State of Florida, having been issued license number CCC 1330745. 3: Respondent's address of record is 9710 NW 26™ Court, Cooper City, FL 33024. 4. At all times material hereto, Respondent was the primary qualifying agent of B and B Roofing and General Contracting Inc. (“B & B Roofing”). 5. 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. 6. On or about June 29, 2015, Respondent entered into a written contract with the Geoffrey Shelley (“Complainant”) for renovations to Complainant’s residence located at 5654 Royal Lake Circle, Boynton Beach, FL 33437. 7. The contract price was $1,500.00, of which B & B Roofing accepted $1,500.00. 8. B & B Roofing proceeded on the job without obtaining applicable local building department permits and inspections. 9. Respondent failed to apply for a required permit within 30 days after receiving an initial deposit amounting to more than ten percent of the total contract price and to this date never applied. 10. B&B Roofing ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 11. At the time B & B Roofing ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to B & B Roofing by Complainant. 12. B&B Roofing was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Based upon the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. OUNT TWO 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through twelve as though fully set forth herein. 16. Based upon the foregoing, Respondent violated section 489.129(1)(g)2., Florida Statutes, by abandoning a customer’s job when the percentage of completion was less than the percentage of the total contract price paid to the contractor. COUNT THREE 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 18. Section 489.126(2)(a), Florida Statutes, states that a contractor who receives, as an initial payment, money totaling more than ten 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 date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for work, if any, are issued. 19. | Based upon the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by failing in any material respect 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)(a), Florida Statutes). COUNT FOUR 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 21. Based upon the foregoing, Respondent violated section 489.129(1)(0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and inspections. 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 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 relief that the Board is authorized to impose pursuant to chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 24" day of May, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/R. Lee Page Jr, _ R. Lee Page Jr., Esq. Assistant General Counsel Florida Bar No. 0117551 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL. 32399-2202 (850)488-0062 Telephone (850)921-9186 Facsimile Probable Cause Found 05/24/2016 By: Korelishn/Thomason NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be further advised that 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 heating is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. Any request for an administrative proceeding to challenge or contest the charges contained in the Administrative Complaint must conform to rule 28-106.2015, Florida Administrative Code. 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 17-001901PL