) oe 1 TATE OF FLO! DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO a i sk A A RM i, lk ie iti iil CONSTRUCTION INDUSTRY LICENSING BOARD 7%," Ay “DIVISION I “Ui lo, : - oe ae Ho $3 DEPARTMENT OF BUSINES AND eg ip PRO a c “Petitioner, Case No. 98-23153 - CARTOS BEAD, 00-2738 / "Respondent REGULATION, ("Petitioner"), files this Adninistrative complaint : before ‘the ‘Construction industry Licensing Board, against ‘CARLOS DIAZ, ("Respondent") and says: | fs i. ‘Petitioner, is the state. agency charged “with regulating | the practice of contracting | pursuant to Section 20. 2165, Florida statutes, and Chapters 455 and 489, Florida Statutes. es mate2 rial Pufte ses in the State of c Florida, - cat ectoe ~pathroom,— install. central air conditioning ‘and build an addition | to BOOLE’ § residence, _ 6. The contract price was $43, “500. 00. Te on or about May 12, 1598, POOLE gave Contractor a nt of 36, 525. 00 on “the aforesaid contract. deposit in t the | 8. contractor tailed to commence ‘any work on the project, thereby abandoning ae without just cause - and without proper " Gonsecutive days. eal POOLE paid fifteen percent (ass) of the contract price applicant is Going business — as a sole propietorship, the business Sy £ organization » must ‘apply for certification or registration through 2221 NW 30th. Way, Fort ‘Lauderdale, ‘Florida. “notification ‘to POOLE. § said ‘abandonment continued for at least 90 / : a ee improvenent,, “or “construction to ‘residential real property mist. : contain a weitten statenent explaining ‘the constmer’ s eights: statement. O42. “Pet tioner re salleges ‘and incozBorates ‘the allegations ge set forth in paragraphs one through eleven as though fully ‘set. forth in thi 13. Based on the foregoing, Respondent violated | Chapter 466 17811) Ces, Florida statutes (1997), by “abandoning pa res. peas : nismanagenent or misconduct in the practice of contracting that. ae 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 un ler the xt the ‘contract or “refunds ‘the excess funds’ — : within thirty days fter the job is. “abandoned. COUNT III 16. Petitioner realleges and incorporates the allegations set forth ins arag pas one ‘through ‘fifteen as _ though ‘ful ly set name, if any under which the business organization 3 is doing business. Cn ~ cout av ‘Petitioner rea Lleges and incorporates the allegations “18. eset, forth in paragraphs « one - through twenty as though fully set “forth in’ this count Iv. 19 Based on the “foregoing, “Respondent “violated chapter (1997) ‘by ‘failing in ‘any material 489. 129(1) (3), ‘Florida statutes yeapect to comply with the pro ‘isions of Part “TT, ‘Chapter 489, Florida Statutes by ‘violating Chapter 489.1425 ay, Florida 1 ~ statutes (1997) in failing to include a statement in the contract: oe explaining ‘the construction industry Recovery Fund. WHEREFORE, Pet tioner respect fully requests the construction Industry, Licensing Board enter ‘an order imposing oné- or ‘more of the following pena ties: place on probation, reprimand suspend, ‘deny ‘the issuance or renewal of the the Licensee, rev e, “certificate or - pegistration, require “Einancial “restitution to a “fine not to ‘exceed $5, 000 aa ~ thereunder. . ‘day of — Zthacay Cohn £ dione : By Cathleen 0’ Dowd Lead Attorney ‘COUNSEL FOR DEPARTMENT: (Poe): February QZ, 8000, Divi , ral Senior Attorney ont: Gene Siromons/ “Department of Business and Y ct “Professional Regulation eae Bitrick “Rhode Bldg., Phase II 401 NW 2° street, N607 Miami, Florida 33128- 1765_ FILED a ce aus ee 8 ~ . Department of Business and Professional Regulation “D mb 13, 1999 ecember 32 cece "DEPUTY CLERK Case #98-23153 — ae cee Branden Michele . erseataeno"

Docket for Case No: 00-002731PL