Jun 26 200? 15:14 66/26/2887 15:88 8589219186 DEPR PAGE @4/ae } : : ) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2004-041519 vs. ROBERT LAMONT TYLER, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT LAMONT TYLER, ("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 mumber CG C062699. 3. Respondent's address of record is 633 NE 167" Street, Suite 1 101, North Miami Beach, Florida 33162. Jun 26 200? 15:14 66/26/2687 15:68 8589219186 DEPR PAGE 85/88 ) | 4, At all times material hereto, Respondent was licensed as the qualifying agent for IGWT Construction, Inc. (hereinafter referred to as Contractor"), a Florida corporation, The Contractor was issued qualified business organization certificate of authority (OB license) number — QB0019551. On or about August 31, 2003 QB0019551 became delinquent due to non-renewal on or before that date. Thereafter, QB0019551 was not renewed, and on or about September 1, 2005 it became null and void. 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 Contractor failed to renew its OR license. 7. On or about October 16, 2002 the Contractor entered into a written contract with Cassandra Holmes (hereinafter referred to as “Holmes”) for extensive rehabilitati on work at Holmes’ residence located at 750 NW 84th Terrace, Miami, Florida. 8. The contract price was Thirty Eight Thousand dollars ($38,000.00). 9. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 10. Holmes financed the project with an FHA losn from Irwin Mortgage Corp. (“Irwin”). As payment toward the contract price, the Contractor received from Irwin four (4) checks on or about the following dates and in the following amounts: January 17, 2003, $10,252.80; February 7, 2003, $13,700.25; March 25, 2003, $8,820.00; and May 27, 2003, $8,930.45 for a total of Forty One Thousand Seven Hundred ‘Three dollars and Fifty cents Jun 26 200? 15:14 66/26/2887 15:88 8589219186 DEPR PAGE 86/88 ) : , ; ($41,703.50). Each check was payable to Holmes and to the Contractor; nevertheless the Contractor negotiated each check without obtaining Holmes’ endorsement. iL On or about December 12, 2002, October 8, 2004, and April 22, 2005, the ’ Contractor applied to the Miami-Dade County building department for building permits for the project, but no building permits were ever issued to the Contractor for the project. 12. During the period from approximately December 2002 to May 2003 the Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. Thereafter, and without just cause and notice to Holmes, the Contractor failed to perform further work, thereby abandoning the project. COUNTI 13. Petitioner realleses and incorporates the allesations set forth in paragraphs one through twelve as though filly set forth in this Count I 14, Section 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2 years, 15. Based upon the foregoing, the Respondent violated Section 489.129(1)@, Florida Statutes (2001), by failing in any material respect to comply with the provisions of this part or violating a male or lawful order of the board. COUNT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IL 17, Section 489.1425, Flotida Statutes, provides: any agreement or contract for repair, restoration, improvement, of construction to residential real property must contain a written Jun 26 2007 15:15 66/26/2887 15:88 8589219186 DEPR PAGE @7/ae ) 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. ‘18. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2001), 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 Tit 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 20. Based upon the foregoing, the Respondent violated Section 489. 129(1)Q), Florida Statutes (2001), by abandoning a construction project in which the contractor is engaged orunder contract as a contractor. A project may be presumed abandoved 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. co Iv 21. _— Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IV. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2001), by committing incompetency or misconduct in the practice of contracting, COUNT V 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one | through twelve as though fully set forth in this Count V, 4 Jun 26 2007 15:15 66/26/2887 15:88 8589219186 DEPR PAGE @8/ae } | 24. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes (2001), by proceeding on any job without obtaining applicable local building department permits and inspections. 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 witht 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 244 bey of N G1 , 2006 TY Lewetian. Fox. G 7d THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: F | L FE D ; Department of Business and Prof Theo dore R. Gay AGENCY Re Regulation Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 cuERK S;, ps wh 2%. WW Miami, FL 33166 DATE be - 1S «ables (305) 470-6783 Ext. 2225 TRG» . Case #2004-041519 PC Found: May 23, 2006 Division I: Kalmanson & Cox

Docket for Case No: 07-002828PL