4 4 a 2 death a Sh before the, construction industry | Licensing Board, ; ADMINISTRATIVE COMPLAINT : Petitioner, DEPARIMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("petitioner "yy, files this Administrative Complaint against CARLOS DIAZ, (Respondent) , “and says? petit “the state agency ‘Charged with regulating “the of contracting pursuant to Section 20.165, Florida — and Chapters 455 and 489, Florida Statutes. ‘all times material “ogy the State of Florida, pth “Lane, Miami, Florida 33155. “At all m terial times “hereto, Respondent was licensed as qualifying agent for TRI- COUNTY HOME IMPROVEMENT, INC. (hereinafter referred to as “Contractor), and as such was Vv A Wad a oy ee “Share OF FLORIDA hee % y (4 SS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION GY & CONSTRUCTION INDUSTRY LICENSING BOARD not Pe — DIVISION 1 & sy 4p, ae Us » °$ ony | DEPARTMENT. OF BUSINESS AND idea sy aes “PROFESSIONAL REGULATION, SS es Petitioner, OES ane Case No. 98-20369 VS. OO- 9730 CARLOS DIAZ, : “Respondent ) es and financial conduct of the omissions, isERIZE) to” perform 3 remodeling work at “SERIZE’S residence, 10221 the afor said Bioject’ required : a Building Permit be No “building ‘permit was | ons were performed on the project. .ctor failed to return to the project to complete ce at and ‘obtain, ‘a final inspection thereby abandoning it without © just cause ‘and without proper notification “to “THORNTON - * Said ‘abandonnent continued for at ‘least 90 ‘consecutive days. 3. “THORNTON paid 1008 Of ‘the ‘contract price and the work ompleted by Cont actor was less than. 1008 ‘as the project did not ici lil A iil iad in, ci iki i i hai sbi ii i a ade i “ i ibis i cA at: i i ili i lil lg a i li ARR A ARI SSE ne SSS SS Se SNE SENSIS = SES - . * a + tea “ a = SER ae ESS (4997) provides = in contracting as a_ including any partne Dp; orporation, or other Tegal catity, © ox-in any name other than ‘ 1 r the fictitious name, if any. a qualitying agent and under “Respondent!s- bu ganization : ‘is “required to ‘comply ‘with the aforesaid cand has failed to do, sO. ou . “Chapter, 489. 1425 (a), Florida ‘Statutes “(1997), “provides “that any agreement ox contract for. repair, restoration, " improvenent, ox truction ‘to residential real property must contain : a . written statenent ‘explaining “the consumer’s rights tries Rec very Fund, except where the walue 6: of all, labor and materials does not “exceed ‘$2, 500.00. The. , atoresaid contract failed ‘to. include ‘the required written | statement. , Petitioner realleges and neorporates: the allegations: bet. forth in n paragraphs one through eleven as "though fully ‘set. a forth in this Count I. i a a 13. Based on “the foregoing, Respondent violated Chapter 489, 129 ( (1) ( Kk), Florida Statutes (1997), by abandoning a “Sonétruction project in winich the contractor ‘is engaged or s the sliegatiohs | through ' thirteen as though fully set . “forth i in ‘this ¢ nt I. ee S¢ 15. “Based « on t e fo egoing, Respondent violated Chapter 1 489. 12911) (h)2, ‘Florida statutes (1997) by committing mismanagement or misconduct in the practice of contracting that causes financial “pS to a customer. ‘Financial mismanagement or hen ‘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. ‘con Bn Ba is entitled to retain such funds under ‘the terms of the “contract. ‘or “refunds the excess: funds oe within thisty days after ‘the job is “abandoned. “COUNT IIE 16. Petitioner ‘realleges and incorporates the allegations B set forth in n paragraphs < one “enrough fifteen as though fully set forth in this count TIT. 17 Based on the foregoing, Respondent violated Chapter n any material “éhapter 489, | y in failing to ious business. 19. Based on the “foregoing, Respondent violated Chapter = (2997) by failing in any material “ gg9.129(1) Gh Florida ‘stat respect. “to comply with “the provisions of Part 1, Chapter 489, 489.1425 (1), Florida - Florida. statutes by violating “Chapter “Statutes: (3997) ri ) “include a statement in the contract ining the ‘construction Industry Recovery Fund. - explai - “count Vv Petitioner ‘realleges “and incorporates the allegations set forth in paragraphs one through nineteen ‘as “though | fully set “forth | ‘in ‘this ‘Count Ve ¢ violated Chapter viens ie le cj il li we it hi a Te — 1 Ralls Riek lay Sa bitte 2h. Based « on the foregoing, “ Responden 489. 129(1) (P), “Florida Statutes (1997) by proceeding on any job heen without obtaining applicable “Local building department permits and “inspections adninistrative ‘fine not ‘to exceed $5,000 per assess costs associated . violation, require continuing “education, ia i i i A i i i i a i i a da bh tk tol ution, impose any ‘or all penalties en owith, investigat: on and pr delineated within Section 495.227(2), Florida Statutes, and/or any other ‘relief ‘that, the ‘Board is “authorized ‘to impose pursuant to Chapters 19, ida St tutes, and/or the rules promigated — a thereunder. . odd, ‘Signed this we day of. Fibnves 7999 Lakh & Dowd By: Cathleen 0’ Dowd ; Lead Attorney Peele COUNSEL F FOR DEPARTMENT: (PoP): February 33, BO0D Michael D. “goifer / - Senior Attorney a OD, MC KitrioKk "Department of Business and Professional Regulation “Rhode Bldg. , Phase II : “2 401 NW 2°¢ Street, N607 “Miami, Florida 33128- 4765 F | L E D Bah eee EE © Department of Business and Professional Regulation Oy ps ; EPUTY C - December 10, 1999 : p TY.GLERK ae a9 03bet w raed ich -4- 2000.

Docket for Case No: 00-002730PL