wok: S RN NY ® STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-09122 OSCAR E. MATUTES, Respondent, _ ao 7 ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against , ("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 F lorida, having been issued license number CG CA05286. 3. Respondent's last known address is 6595 NW 36 Street, #203, Miami, Florida 33166. ih a nee t% 4. At all times material hereto, Respondent was the licensed qualifier for Aurora Builders, Inc. ("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 September 6, 1999, the Contractor contracted with Roberto Machado (“Customer”) to construct an addition at 5715 NW 111 Terrace, Hialeah, Florida. 8. Machado paid the Contractor Twenty Two Thousand, Eight Hundred Twenty dollars Ae ($22,820.00) toward the Twenty Seven Thousand, Two Hundred Twenty dollar ($27,220.00) contract price. 9. On or about October 29, 1999, the Respondent obtained the permit for the Customer’s project. 10. Work proceeded on the project through in or around September 2000, and stopped without just cause or notice to the Customer. : 11. Based on the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (1998 SUPP.), 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 Gio Ora rages rae Sd dl sud te oak ee A reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT H 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and six through ten as though fully set forth in this Count II. 13. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under a fictitious name, if any.” . 14. — Section 489.119(2)(d), Florida Statutes, provides in part: “A certificate of authority must be renewed every 2 years.” 15. The Respondent possess certificate of authority license number 0003796. 16. The Respondent has failed to renew his certificate of authority in accordance with the aforesaid provisions of Chapter 489, Florida Statutes. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1998 SUPP.), 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 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 finaneial restitution to a consumer, impose arr 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 Is ™ day of 2000. _ 00-0912 7 3/80/01 COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and pee Professional Regulation © Office of the General Counsel 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/ms RO! CRABILL ASSISTANT GENERAL COUNSEL: F | L ED tn a EPUTY CLERK nem Prandant Michele we 7-@- 200) 1 RR RRR Fe CE RP EE OTM ee oR

Docket for Case No: 01-004933PL