n eo . . OFYIP C, “EP ED ~ exe coy i is a? STATE OF FLORIDA r Fhe f DEPARTMENT OF BUSINESS AND PROFESSIONAL sapere 2B PH 2: bu CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 99-01297 vs. OSCAR E. MATUTES, Respondent. / | ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files-this Administrative Complaint before the Cohstruction tndustry Licensing Board, against OSCAR E. MATUTES, ("Respondent"), and says: so 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 numbers CG CA05286 and CG C005286. 3. Respondent's last known address is 6595 NW 36° Street, Miami, Florida 32166. 4. At all times material hereto, Respondent was the licensed qualifier for Aurora Builders, Inc. (hereinafter A referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. 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 July 14, 1998, the Contractor entered into a contract with Marcelo Miceli (hereinafter referred to as “Customer”} to construct an addition to his home located at 17681 Nw 82"? Court, Hialeah, Florida 33015 for Twenty-Six Thousand, 7 4 ‘Six Hundred dollars ($26,600.00). 8. On or about August 13, 1998, the Customer paid Twenty- Three Thousand, Nine Hundred Forty dollars ($23,940.00) towards the contract price. 9. On or about August 18, 1998, the Contractor was issued permit number 98-106813 from the Miami-Dade County Building & Zoning Department for the construction of the addition to the Customer’s residence. S er aad 10. On or about July 20, 1998, the Contractor commenced work on the Customer’s pro ject. 11. In or around January 2000, the Contractor closed work on the Customer’s project owner. without just cause or notice to the 12. Work that remained to be done, includes, but is not limited to the installatio 13. Based on the for 489,129(1) (k), Florida Sta construction project in wh n of a water heater and plumbing work. egoing, the Respondent violated Section tutes (1997), by abandoning a ich the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contr just cause or without prop the reason for terminatign cause for 90 consecutive da 14, Petitioner reall set forth in paragraphs on as though fully set forth 15. Section 489.1425 agreement or contract for construction to residentia actor terminates the project without er notification to the owner, including ¥Xor fails to perform work without just ays. COUNT II eges and incorporates the allegations e through five and seven through twelve in this Count II. , Florida Statutes, provides:”(1) Any repair, restoration, improvement, or 1 real property must contain a written statement explaining consumer rights under the Construction Industries Recovery Fund, except where the value of all labor and e materials does not exceed $2,500.00.” 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 the foregoing provision of Chapter 489, 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. WHEREFORE, Petitioner respectfully requests the Construction, Industry Ligénding Board entér an Order imposing one or more of the following penalties: place on probation, _. reprimand the -licensee, revoke, suspend, deny the issuance or * enewal 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 [{ day of = \ : , 2000. COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/sb 4/25/00 Case #99-01297 fer: lu joy at pene! QetZRTHLEEN E “07 DOWD : LEAD CONSTRUCTION ATTORNEY FILED . Department of Business and Professional Regulation AGENCY CLERK CuK Sophy £. Werhum an pate__") -]¥& —Z000 bitin. te

Docket for Case No: 01-004929PL