Lf psp. 2 gp “8O / , Ay. OT- 464! PL Agi Stoy be hs, STATE OF FLORIDA es ie ioe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2005-029359 vs. STEVEN A. OLEK, . Respondent. | / . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against STEVEN A. OLEK, ("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 C1506322. 3. Respondent's address of record is 3739 SW 51* Street, Fort Lauderdale, Florida 33312. 4, At all times material hereto, Respondent was licensed as the qualifying agent for Klass Construction Inc. (hereinafter referred to as "Contractor"), a Florida corporation. The Contractor was issued qualified business organization certificate of authority (“QB license”) number QB27365, which expired on or about August 31, 2005 and was not subsequently renewed. 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 QB license as required by Section 489.119(2)(d), Florida Statutes. 7. On or about June 29, 2004 the Contractor entered into a written contract with Sylvia Jordan (hereinafter referred to as “Jordan”) for the construction of a room addition to Jordan’s residence located at 3920 SW 59" Terrace, Hollywood, Florida. 8. The contract price was Eighteen Thousand Five Hundred dollars ($18,500.00). - 9. The contract did not include a written explanation of the consumier’s rights under the Construction Industries Recovery Fund. 10. Pursuant to the contract, on or about July 10, 2004, Jordan made a deposit payment to the Respondent in the amount of Nine Thousand Two Hundred Fifty dollars ($9,250.00). 11, The Contractor failed to apply for a building permit for the project. 12. Without just cause or notice to Jordan, after receiving the deposit the Contractor failed to perform any work, thereby abandoning the project, and the Contractor failed to refund any money to Jordan. COUNT! 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully 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)(i), Florida Statutes (2003), by failing in any material respect to comply with the provisions of this part or violating a mule 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 IZ. 17. 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 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)(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 Hi 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count TIL. 20. 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.” 21. 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 tule or lawful order of the board. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IV. 23. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), 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 V 24, Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count V. 25. - Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2., Florida Statutes (2003), 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 fiunds under the terms of the contract or refunds the excess finds within 30 days after the date the job is abandoned. 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. rn Signed this_