eee ha! VY oy, % << STATE OF FLORIDA _ Sey DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUERGIONY CONSTRUCTION INDUSTRY LICENSING BOARD*OL/h, ‘S1p, Mp DIVISION I ISHW On oy Nip, Ly, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, BO ‘2 7/ 7 Case No. 98-20285 vs. ROBERT W. TAYLOR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT W. TAYLOR, ("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 all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license numbers CG C002788 and CG CA02788. 3. Respondent's last known address is 3041 Center Avenue, Ft. Lauderdale, Florida 33308-7309. 4. At all times material hereto, Respondent was the licensed qualifier for CUGO of South Florida, Inc. d/b/a CSF Y consisting of a@ master bedroom, a bathroom, and a family room, to the Luts: home at 1420 NE 32” Place, Pompano Beach, Broward County, Florida 33064, for $26,380.00, 6. At all times Material hereto, csr failed to obtain certification or registration as, or obtain a certificate of authority as, a business Organization as required by Section 489.119,2), Florida Statutes, 7. The Respondent’ 5 license number did not appear in the contract between csr and the Lufts, in violation of Section 489.119(5) (pb), Florida Statutes (1995). 8, The contract between CSF and the Lufts dig not contain Construction Industries Recovery Fund, in violation of Section 489.1425, Florida Statutes (Supp. 1996), contract, totaling $23, 000400, 4s follows: Y Date Amount 8-12-97 $2,000.00 9-24-97 $2,000.00 11-10-97 $3,000.00 2-5-98 $3,000.00 2-25-98 $3,000.00 3-23-98 $3,000.00 4-4-98 $4,000.00 $20,000.00 Total b. One payment by the Lufts’ personal check dated April 30, 1998 in the amount of $3,000.00, payable to CSF superintendent Elton Marshall. iC. During the period from approximately February 1998 until approximately July 1998, csr Performed or attempted to perform, but did not complete, the work called for by the contract. Thereafter CSF failed or refused, without just cause or notice to the Lufts, to perform further work. ll. At the time of abandonment the work was only about 403 complete: whereas the Lufts had paid approximately 873% of the contract price, and CSF failed to return any of the excess funds. 12. The roof installed by CSF leaked, and CSF failed or refused to repair it despite written notification and demand by the Lufts. 13. Onor about October 7, 1998, the Lufts filed a lawsuit against t:he Respondent in the Circuit Court of the Seventeenth 3 | a Cae UY fodicial Circuit in and for Broward County, Florida, Case No. 98015992 13 CACE. The lawsuit alleged that the Respondent breached the July 20, 1997 contract and sought recovery for damages in excess of $15,000.00. 14. On February 26, 1999, judgment was entered in favor of the Lifts and against the Respondent in the principal amount of $35,750.00 plus costs of $222.00, for a total of $35,972.00. 15. The Respondent has not satisfied the judgment. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 17. Based on the foregoing, the Respondent is guilty of having failed to obtain for CSF certification or registration as, ex a certificate of authority as, a business organization in violation of Section 489.119(2), Florida Statutes, and is thereby guilty of having violated Section 489.129(1) (3), Florida statutes (1995), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT II 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count II. a fo v yf vA 19. Based on the foregoing, the Respondent is guilty of having failed to include his license number in a contract in violation of Section 489.119(5) (b), Florida Statutes (1995), and is thereby guilty of having violated Section 489.129(1) (4), Florida Statutes (1995), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT III 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count III. 21. Based on the foregoing, the Respondent is guilty of having failed to include in a contract a written statement explaining consumers’ rights under the Construction Industries Recovery Fund, in violation of Section 489.1425, Florida Statutes (Supp. 1996), and is thereby guilty of having violated Section 489.129(1) (3), Florida Statutes (1995), by failing in any mater:.al respect to comply with the provisions of this part or violating a rule or lawful order of the board. ’ COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count IV. #3. Based on the foregoing, the Respondent is guilty of 1S) | Y faving violated Section 489.129(1) (k), Florida Statutes (1995), by abandoning a 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 V 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count V. 25. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (h) (2), Florida Statutes (1995), 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 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 excess funds within 30 days after the date the job is abandoned. COUNT VI 26. Petitioner realleges and incorporates the allegations vA . . / : : set forth in varagrann one through fifteen as though fully set forth in this Count VI. -_ 27. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (n), Florida Statutes (1995), by committing incompetency or misconduct in the practice of contracting. COUNT VII 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count Vil. 29. Based on the foregoing, the Respondent is guilty of having violated Section 489.129(1) (q), Florida Statutes (SUPP. 1998), by failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession. WHEREFORE, Petitioner respectfully requests the Consiiruction 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 $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, an Ss YW “impose any or all penalties delineated within Section 455.227(2), Flo.rida 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 J COUNSEL FOR DEPARTMENT: Theodore R. Gay Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 AP TRG/ 6/30/99 Case #98-20285 YeR. 1/24/99 Me Ki cicn Simmons day of Asoo , 1999 Lahthte K Dou G.W. HARRELL CHIEF ATTORNEY FILED Department of Business and Professional Regulation DEPUTY CLERK csr Bandon! Michele

Docket for Case No: 00-002717PL