OT Usyo PR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL: TION 8 CONSTRUCTION INDUSTRY LICENSING BOARD*, “, . DIVISION e DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-012032 MARSHA PAOLA DIQUEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against MARSHA PAOLA DIQUEZ, ("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 Commercial Pool/Spa Contractor, in the State of Florida, having been issued license number CP C1456644. 3. Respondent's address of record is 10072 NW 50" Street, Sunrise, Florida 33351. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Legacy Pools of South Florida, Inc., a Florida corporation (hereinafter referred to as "Contractor"). The Contractor was issued qualified business organization certificate of authority number QB26430. 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. On or about April 16, 2004 the Contractor entered into a contract with Kevin and Christina Siao (hereinafter referred to as “Siaos”) for the construction of a swimming pool with a spa, deck and screen enclosure at the Siaos’ residence located at 5054 Country Brook Drive, Cooper City, Florida. 7. The contract price was Forty Six Thousand dollars ($46,000.00). 8. The contract did not include a written explanation of the consumer’s rights under the Construction Industries Recovery Fund, subsequently renamed the Florida Homeowners’ Construction Recovery Fund. 9. During the period from April 16, 2004 to September 9, 2005 the Siaos made payments to the Contractor totaling Forty Three Thousand dollars ($43,000.00). 10. Onor about March 22, 2005 the Contractor and the Siaos agreed to increase the size of the deck and the screen enclosure and to increase the price of the contract by an additional Three Thousand Nine Hundred Sixty Eight dollars ($3,968.00), resulting in an increased contract price of Forty Nine Thousand Nine Hundred Sixty Eight dollars ($49,968.00). 11. Qnor about June 9, 2004 the Contractor applied to the Cooper City building department for a building permit for the project. The application was approved and on or about October 8, 2004 building permit number 04-01859 was issued. 12. On or about September 30, 2005 the Contractor and the Siaos agreed that the Siaos could pay the remaining balance of the contract price, Six Thousand Nine Hundred Sixty Eight dollars ($6,968.00) directly to the Contractor’s screen enclosure subcontractor, Climatrol Quality Aluminum Products, Inc. (“Climatrol”), and receive credit for such payment as payment in full of the remaining balance of the contract price. The Contractor and the Siaos further agreed that if the cost of the screen enclosure exceeded that amount, the Contractor would pay the difference to Climatrol. The cost of the screen enclosure, Nine Thousand Nine Hundred Eighty Five dollars ($9,985.00), exceeded the remaining balance of the contract price by Three Thousand Seventeen dollars ($3,017.00), but the Contractor failed to pay the difference, and the Siaos paid Climatrol the entire Nine Thousand Nine Hundred Eighty Five dollars ($9,985.00) cost of the screen enclosure. The Contractor failed to reimburse the Siaos. 13. The Contractor performed or attempted to perform, but failed to complete, the work called for by the contract. After approximately September 2005, and without just cause and notice to the Siaos, the Contractor failed to perform further work, thereby abandoning the project, and the Contractor failed to obtain a passing final inspection for the project from the Cooper City building department. COUNTI 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: 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 Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2003), 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 OU 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count II. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2003), 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 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IIL 20. Based upon the foregoing, the Respondent violated Section 489. 129(1}(0), Florida Statutes (2003), by proceeding on any job without obtaining applicable local building department permits and inspections. 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. 12901 (m), Florida Statutes (2003), by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner tespectfully 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 Tegistration, 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 45 $.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 are day of Oc Ober 2006. THEODORE R. GAY 7 ASSISTANT GENERAL COUNSE COUNSEL FOR DEPARTMENT: CoE a or D ho ? Pork sione! Regulatioy Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation ard £ 8685 NW 59" Tertace, #100 cure Soaks 2. (Ward nm ami, (305) 470-6783 Ext. 2225 oate JO-//- ZOOlWO __ TRG/sb Case No: 2006-012032 PC Found: October 3, 2006 Division Il: J. Flaherty & J. Cook

Docket for Case No: 07-004542PL