STATE OF FLORIDA. HS Bee 0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONY ~1, 341); CONSTRUCTION INDUSTRY LICENSING BOARD 148 DIVISION I & If DEPARTMENT OF BUSINESS AND " PROFESSIONAL REGULATION, Petitioner, ~§ Case No. 97-11016 vs Ol- 1713 PL CHARLES J. HOTALING, Respondent. / ADMINISTRATIVE co MPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against CHARLES J. HOTALING, ("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. At all times material hereto, Respondent was a partner, officer, director, trustee or member of Insurance Restoration Services, Inc. (hereinafter, "IRS"). 3. At all times material hereto IRS was a business organization for which the qualifying agent was Donald L. Hotaling, holder of certified building contractor license number CB C044631 and certified roofing contractor license number CC C056759. COUNT I | 4. Petitioner realleges and incorporates the allegations set forth in paragraphs one i theres three as though fully set forth in this Count I. 5. On or about January 4, 1993, January 21, 1993, and June 12, 1993 the Respondent on behalf of IRS negotiated and executed contracts with George Bowers. Pursuant to those contracts, IRS undertook to perform repairs to Mr. Bowers! hurricane damaged house at 9525 SW 187th Street, Miami, Florida, for a price, excluding change orders, of $86,551.50. 6. At various times following the formation of the contracts, through about J anuary 1994, the Respondent, as an officer and/or employee of IRS performed work on Mr. Bowers’ house, and Mr. Bowers made payments pursuant to the contract totaling at least $49,825.00. At the Respondent's direction, Mr. Bowers made several payments directly to the Respondent in cash and/or by checks payable to cash. Te On or about January 1994 the Respondent caused and/or participated in causing IRS to abandon the Bowers construction project without just cause or notification to Mr. Bowers. . 8. On August 22, 1997 a Final Order of the Construction Industry Licensing Board was filed imposing discipline against Donald L. Hotaling for violating Section 489.129 (1)(K), Florida Statutes, in connection with the Bowers construction project. 9. Based on the foregoing, the Respondent is guilty of having violated Section 489,129(2), Florida Statutes (1993), for which the Construction Industry Licensing Board is authorized to impose against the Respondent an administrative fine not to exceed $5,000.00. COUNT DL 10. Petitioner realleges and incorporates the allegations set forth in paragraphs one . through three as though filly set forth in this Count IL. 11. | Onor about May 4, 1993, the Respondent on behalf of IRS negotiated and executed a contract with Filemon and Epifania Ramirez. Pursuant to the contract IRS undertook to perform repaits to the Ramirezes' hurricane damaged house at 9721 SW 189th Street, Miami, _ Florida, fora price, excluding change orders, of $75,000.00. 12. At various times following the formation of the contract, through about October 1993, the Respondent, as an officer and/or employee of IRS, performed work on the Ramirezes’ house, and the Ramirezes made payments pursuant to the contract totaling at least $59,209.00. At the Respondent's direction, the Ramirezes made several payments directly to the Respondent in cash and/or by checks payable to the Respondent or to cash. 13. Onor about October 1993 the Respondent caused and/or participated in causing IRS to abandon the Ramirez construction project without just cause or notification to the Ramirezes. 14, . At the time of abandonment the percentage of the contracted work completed was less than the percentage of the contract price paid, and the Respondent caused and/or participated in causing IRS not to refund the excess funds paid within 30 days after abandonment. 15. On August 22, 1997, a Final Order of the Construction Industry Licensing Board . was filed imposing discipline against Donald L. Hotaling for violating Section 489.129(1)(h) and (k), Florida Statutes, in connection with the Ramirez construction project. 16. Based on the forgoing, the Respondent is guilty of having violated Section 489,129(2), Florida Statutes (1993), for which the Construction Industry Licensing Board is authorized to impose against the Respondent an administrative fine not to exceed $5,000.00. COUNT Ii 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through three as though fully set forth in this Count HI. 18. On or about October 3, 1993, the Respondent on behalf of IRS negotiated and executed a contract with Sharon Brauer. Pursuant to the contract, IRS undertook to perform repairs to Ms. Brauer's hurricane damaged house at 18121 SW 89th Court, Miami, Florida, for a price, excluding change orders, of $53,500.00. 19. At various times following the formation of the contract through about November 1993, the Respondent, as an officer and/or employee of IRS, performed work on Ms. Brauer's house, and Ms. Brauer made payments pursuant to the contract totaling $38, 200.00. At the Respondent's direction, Ms. Brauer made all of her payments directly to the Respondent by checks payable to the Respondent. 20. The Respondent caused or participated in causing IRS to perform work on Ms. Brauer's house without obtaining required building department permits and inspections. 21. Onor about November 1993 the Respondent caused and/or participated in causing IRS to abandon the Brauer construction project without just cause or notification to Ms. Brauer. 22. At the time of abandonment, the percentage of the contracted work completed was less than the percentage of the contract price paid, and the Respondent caused and/or participated in causing IRS not to refund the excess funds paid within 30 days of abandonment. 23. On August 22, 1997, a Final Order of the Construction Industry Licensing Board was filed imposing discipline against Donald L. Hotaling for violating Section 489.129(1)(h),(k), and (p), Florida Statutes, in connection with the Brauer construction project. 24. Based on the foregoing, the Respondent is guilty of having violated Section 489,129(2), Florida Statutes (1993), for which the Construction Industry Licensing Board is authorized to impose against the Respondent an administrative fine not to exceed $5,000.00. 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, Lh Signed this ZO day of LegasiZ , 1998. Richard T. Farrell Secretary é By: Leon Biegalski & Senior Attorney i COUNSEL FOR DEPARTMENT: Theodore R. Gay, Senior Attorney Department of Business and : F | [ Professional Regulation . 401 N.W. Second Avenue Suite N-607 ~ Miami, Florida 33128 Department of Business and Professional Regulation AGENCY CLERK TRG/mh a Setup (Jadener pare._L 1 = "7 8 Case #97-11016 Pee S-19-A8 mekiteick * Gomme tS

Docket for Case No: 01-001713PL