STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case Nos. 2000-02219, 2000-03125 vs. & 2000-03591 OSCAR E. MATUTES Respondent. wf / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against OSCAR E. MATUTES, ("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 ty Contractor, in the State of Florida, having been issued jicense number CGCA05286. His license is currently in active status. 3. Respondent's last known address is 6595 NW 36" Street, Apartment 203, Miami, renga Florida, 32166. 4, At all times material hereto, the Respondent was licensed to practice contracting as Aurora Builders, Inc., qualified business license number QB0003796. 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. FACTS PERTAINING TO CASE NUMBER 2000-02219 6. On or around January 18, 1999, Respondent, doing business as Aurora Builders, Inc., contracted with Florence Flanders to build an addition on the Flanders home located at 6340 NW 200" Street, Miami, Florida. 7. The contract price was $21 ,600.00 and Respondent was paid $19,440.00: 8. The contract did not éontain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 9. Construction on the Flanders project began on or around February 10, 1999 when a Notice of Commencement was filed, and ceased in or around March of 1999. 10, | When Respondent ceased work on the project, the project was incomplete. 11. Respondent failed to continue work on the project or return money to Flanders within ninety days. 12. Respondent failed to complete the tile roo ; A 13. Respondent left large piles of debris on Flanders’ roof and on the Flanders property which posed a danger during storms and caused snakes to nest in the debris. f, causing water damage and a roof leak. rr Terre 9g TET ee ta ee acd COUNT | 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 15. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, Or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. . ‘ 16. | Based upon the foregoing, the Respondent violated Section 489,129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a : tule or lawful order of the board. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IL. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes, 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 jf the contractor terminates the project without just cause or without proper notification to the owner, including tion, or fails to perform work without just cause for 90 consecutive days. the reason for termina’ COUNT Il 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one 4, through thirteen as though fully set forth in this Count III. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), ene °C RTE WERE Florida Statutes, by committing incompetency or misconduct in the practice of contracting. . COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IV. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing gross negligence, repeated negligence, or negligence resulting ina significant danger to life or property. FACTS PERTAINING TO CASE NUMBER 2000-03125 23. On or around September 8, 1999, Respondent, doing business as Aurora Builders, Inc., contracted with Ereno Calderon to build an addition on the Calderon home located at 631 E38" Street, Haileah, Florida. 24. The contract price was $35,800.00 and Respondent was paid $21,480.00. 25. The contract did not bontain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 26. Respondent obtained City of Hialeah Building Department permit number 99-3 627 for work on the Calderon project. 27, Onor around July 6, 2000, the City of Hialeah Building Department put a hold on the building permit and electric permit due to poor workmanship by Respondent. 28. Respondent failed to obtain a final inspection for his work on the Calderon sperma ce omer project. oY, 29, Respondent left large piles of debris on the Calderon property, and left open holes in the addition, causing flooding and water damage. CRE en ee pest COUNT V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-three through twenty-nine as though fully set forth in this Count V. 31. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 32. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT VI 33. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-three throubh twenty-nine as though fully set forth in this Count Vi. 34, Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida 484.129(1X0) Statutes, by proceeding on any job without obtaining applicable local building codes and inspections. COUNT Vil 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and twenty-three through twenty-nine as though fully set forth in this Count VII. 36. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), y ; Florida Statutes, by committing incompetency or misconduct in the practice of contracting. oe Preyer rp or r Ppp renege orn FACTS PERTAINING TO CASE NUMBER 2000-03591 37. On or around July 19, 1999, Respondent, doing business as Aurora Builders, Inc., aqd contracted with Caridad Galvez to build an addition on the Galvez home located at 980 W 33 Street, Haileah, Florida. 38. The contract price was $21,800.00 and Respondent was paid $19,620.00. 39. The contract did not contain notification of the Construction Industries Recovery Fund as required by Section 489.1425, Florida Statutes. 40, Construction on the Galvez project began around the time of the contract’s execution and ceased in November of 1999. 41. When Respondent ceased work on the project, the project was incomplete. 42. Respondent failed to continue work on the project or return money to Galvez within ninety days. 43. Respondent failed tolcomplete the addition, leaving open holes in the addition which caused water damage and allowed animals to enter the home. COUNT VIII 44. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty-seven through forty-three as though fully set forth in this Count VU. 45. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement, Or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 46. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida a Tree Sundies aaebtaaties Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT IX 47. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty-seven through forty-three as though fully set forth in this Count IX. 48. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes, 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. COUNT X 49. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thifty-seven througtl forty-three as though fully set forth in this Count X. 50. . Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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 . “4, 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 ee re re re wr ee ee er eT cdl Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this (ok day of L de me , 2001. Reba C MU de JOHN. MATTHEWS ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Patrick F. Creehan Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 JIM/PFC Case # 2000-02219, 2000-03125, & 2000-03591 pay f af PCP: January 31, 2001 Alford & Borgemeister F | rtment of aw era ENCY CLERK cerk Soquh A- Webon on DATE__ ss and Professional Regulation / ape oop Fe REE CRT Ce TONER IPSC Tre oi ta

Docket for Case No: 01-004930PL