4%. ‘STATE OF FLORIDA , 2, ° DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, “Ss mS CONSTRUCTION INDUSTRY LICENSING BOARD Kg, 2 “ DIVISION I “7 De, UB O, “o Ke) DEPARTMENT OF BUSINESS AND oa PROFESSIONAL REGULATION, “ Petitioner, Case No. 98-18018 vs. MICHAEL L. MC GRAW, Of - (O7¥ pe Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL L. MC GRAW, ("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 number CG CA14792. 3. Respondent's last known address is 3319 NE ie" Street, Fort Lauderdale, Florida 33305. 4, At all times material hereto after August 14, 1996, Respondent was the licensed qualifier for Wrono Enterprises Corp. x . (hereinafter referred to as "WEC") and was responsible in such capacity for all of its contracting activities. . $. On or about June 1, 1993, WEC entered into a written contract with Andres Ruiz to install hurricane shutters on Ruiz’s home at 8385 sW 165°" Terrace, Miami, Dade County, Florida 33157 for $7,284.00. 6. Ruiz paid WEC the full contract price of $7,284.00. 7. WEC installed shutters, on Ruiz’s home, but WEC failed to obtain a building permit for ‘the work. 8. In or around October 1996, a Miami-Dade County building department inspector observed the shutters and advised Ruiz that the shutters did not comply with the building code and should be replaced. 9. Accordingly, on or about April 17, 1997, Ruiz entered into a contract with WEC to replace sixteen hurricane shutters that WEC had previously installed, at no additional cost to Ruiz. 10. The Respondent’s license number did not appear in the contract as required by Section 489.119(5) (b), Florida Statutes (1995). 11. The contract did not contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, as required by Section 489.1425, Florida Statutes (Supp. 1996). The contract contained the following language: “I hereby acknowledge I have received a copy of the notice of consumer rights under the Construction 2 x Industries Recovery Fund.” But a space for initialing that acknowledgment was not initialed. 12. On or about May 20, 1997, WEC obtained permit number 1997084813 from Miami-Dade County for the hurricane shutter installation at Ruiz’s residence. 13. The installation commenced in or around June 1997 and continued for approximately two months, during which time WEC replaced all but two of the sixteen hurricane shutters. In or around August 1997 WEC terminated the contract without just cause and notice to Ruiz and thereafter performed no further work.” i 14, On or about February 9, 1998, WEC filed a voluntary Chapter 7 bankruptcy petition. . 15. WEC’s bankruptcy trustee never assumed the contract. between the Respondent and Ruiz. The trustee attempted unsuccessfully to sell WEC’s executory contracts. 16. In June 1998, Ruiz had WEC’s work completed by Professional’s Awning & Installation, Inc. for $3,000.00. COUNT I | 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count I. 18. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (3), Florida Statutes (1995), by failing in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes, by violating Section 489.119(5) (b), Florida Statutes (1995). ° COUNT IZ 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count II. 20. Based upon the foregoing, the Respondent is guilty of having violated Section 489.129(1) (3), Florida Statutes (1995), by failing in any material respect to comply with the provisions of Part I of Chapter 489, Florida Statutes, by violating Section 489.1425, Florida Statutes (Supp. 1996). ) : COUNT IIT 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count III. 22. Based upon the foregoing, the Respondent is guilty of having 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. WHEREFORE, Petitioner respectfully requests the e 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 othér relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida ~ Statutes, and/or the rules promulgated thereunder. Signed this /} day of May , 2000.. La AbD KD Nou’ CATHLEEN E. 0’ DOWD : i LEAD ATTORNEY ! (PCE) April Alo, 3COD COUNSEL FOR DEPARTMENT: Owision : Chene Simmonse rut McK; Theodore R. Gay Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 TRG/sb 2/15/00 Case #98-18018 FILED Department of Business and Professional Regulation DEPUTY CLERK creme ardent Michele DATE _5-A4- 9000 _

Docket for Case No: 01-001078PL