om. 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. 2001-00865 OSCAR E. MATUTES, Respondent. ; (pee _ i ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFES SIONAL 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 Florida, having been issued license number CG CA05286. . 3. Respondent's last known address is 6595 NW 36 Street, #203, Miami, Florida 33166. Se the, bee lls, 4. At all times material hereto, Respondent was the licensed qualifier for Aurora Builders, Inc. ("Contractor"). | ; 7 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 filly set forth in this Count I. 7. On or about March 23, 2000, the Contractor contracted with Luis Serrano (“Customer”) to construct an addition at 4265 NW 203 Terrace, Miami, Florida. 8. Serrano paid the Contractor Nine Thousand, Four Hundred dollars ($9,400.00) toward the Sixteen Thousand, Nine Hundred dollar ($16,900.00) contract price. 9. On or about May 1, 2000, 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 (1999), 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. FT er ee ee ee A A is ke al a a woe oe oer per COUNT II 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and six through ten as though fully set forth i in this Count II. oo 13. Section 489.119(2), Florida Statutes, Provides: “Tf the spc 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 489.1 19(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 filed 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)(i), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or "violating a rule or lawful order ofthe 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 financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with a a wom is ce Te aed Aas iI ak i a ene 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 ISE day of CG hentatnomeend , 2000. 01-00865 3/30/01 COUNSEL FOR DEPARTMENT: Diane Snell Perera Senior Attorney Department of Business and Professional Regulation -_ Office of the General Counsel. [* 401 NW 2 Avenue #N607 Miami, FL 33128 (305) 377-7115 DSP/ms ob WY Rp. 5-200) sul ¢ Burke 2S &s ROBERT CRABILL ASSISTANT GENERAL COUNSEL FILED Bepartment of Business and Professional Regulation DEPUTY CLERK DATE 1-6- 200! CORR CE gre cm OI et all

Docket for Case No: 01-004934PL