STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & II DEPARTMENT OF BUSINESS AND ; PROFESSIONAL REGULATION, . (- 3962.P Petitioner, vs. Case No. 98-22267 ROBERTO O. DE LEO, Respondent. / | \ | ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERTO O. DE LEO, ("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 and a Certified Roofing Contractor, in the State of Florida, having been issued license numbers CG C046414 and CC C056659 . 3. Respondent's last known address is 8230 SW 62 Court, Miami, Florida 33143. ° UW Nw] 4. - Atall times material hereto, Respondent was the licensed qualifier for Miami Roofing Contractors Co. (hereinafter referred to as “Contractor"). 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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about August 2, 1998, the Contractor contracted with Clodoardo Gomez (hereinafter referred to as “Customer”) to reroof a residence at 6720 SW 32" Terrace, Miami, Florida for Six Thousand, Five Hundred Eighty dollars ($6,580.00). 8. The Customer paid the Contractor Four Thousand and Six dollars ($4,006.00) toward the aforesaid contract, . 9. In or around August or September 1998, work on the Customer’s project ceased without just cause or notice to the Customer. 10. Based on the foregoing, the Respondent violated Section 489.129(1)(k), Florida Statutes (1997), 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. . we) wv) count 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through nine as though fully set forth in this Count II. 12. The Contractor failed to obtain a permit for the Customer’s project. 13. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes (1997), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT HT 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five, seven through nine and twelve as though fully set forth in this Count III. 15. Section 489.1425, Florida Statutes, provides that: “(1) Any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining consumer rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.” 16. | The Contractor failed to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund. 17. Failing to provide the Customer with written notice of consumer rights under the Construction Industries Recovery Fund constitutes a violation of Section 489.1425, Florida Statutes. 18. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. , U U 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 $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this A day of April , 2000. Cathleen E. O’Dowd Lead Attorney Lahr nk O'ond (Pee) March 23,9000 COUNSEL FOR DEPARTMENT: bs Vion we oere Simmone) Rar me Kitei AION ‘ ASO. : " Stohee/ Veith Lasoéen, S “Diane Snell Perera Senior Attomey : Department of Business and F | [ F D Professional Regulation . ; rime fessional Regulation Office of the General Counsel Department of TY CLERK anegu 401 NW 2 Avenue #N607 Miami, FL 33128 MW . (305) 377-7115 CLERK Pardon 2 Vecholy. 98-22267 DATE _4-1$- 2000 _ 1/25/00 : DSP/ms |

Docket for Case No: 00-003862PL