© OY /295- STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION 0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2002-000788 VS. MICHAEL L. NOFFO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS. AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MICHAEL L. NOFFO, ("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 Roofing Contractor, in the State of Florida, having been issued license number CC C048158. 3. Respondent's last known address is 16350 SW 153” Court, Miami, Florida 33187. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Mike Noffo Roofing, Inc. (hereinafter referred to as "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. 6. The Respondent failed to obtain a certificate of authority as a qualified business organization for Mike Noffo Roofing, Inc. 7. On or about June 7, 2001, the Contractor entered into a written contract with Aurelio & Alicia Piedra (hereinafter referred to as “Customers”) to remove the existing shingle roof and replace all water damaged wood at the rear roof, then replace water damaged wood and install a three (3) ply Chattahoochee gravel roof system at the front flat roof of the Customers’ residence located at 6555 SW 135" Terrace, Miami, Florida. 8. The contract price was One Thousand Eight Hundred dollars ($1,800.00). 9. On or about June 15, 2001, the Customers paid the Contractor a deposit of Nine Hundred dollars ($900.00). 10. The Contractor failed to apply for a building permit and failed to perform any work pursuant to the contract, thereby abandoning the Customers’ roof project. The Contractor never refunded any money to the Customers. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count I. 12. _ Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2000), 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 If 13. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count II. 14. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida Statutes (2000), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. COUNT Uf 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count i. 16. Section 489.126(2)(a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(@), Florida Statutes (2000), 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 IV 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten as though fully set forth in this Count IV. 19. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any other name 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 the fictitious name, if any. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2000), 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 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. 3tin . Signed this 3 day of Cupes , 2003. PATRICK CREEHAN CHIEF CONSTRUCTION ATTORNEY PCP Found: 3-25-03 Div II: Lawson/Holloway COUNSEL FOR DEPARTMENT: Lot ysiness and R poparent HED UTY OES Theodore R. Gay fl Assistant General Counsel Department of Business and 1K -, Professional Regulation ane “aorta 8685 NW 53” Terrace, #100 DATE Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2000-000788 tL _

Docket for Case No: 04-001295PL