= _ 4 OS THE PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-010229 v. ARMANDO VICTOR CALLEJA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARMANDO VICTOR CALLEIJA, ("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 Commerical Pool Contractor in the State of Florida, having been issued license number CP C1456568. 3. Respondent's last known address of record is 2361 Appalachian Drive, Melbourne, Florida 32935. In addition, Respondent's last known mailing address is P.O. Box 372411, Satellite Beach, Florida 32937. 4. At all times material hereto, Respondent was the primary qualifying agent for Nautica Pools & Spa ("NPS"), which holds certificate of authority number QB 7853. 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 15, 2004, Respondent entered into a contract with Thomas Wuchte ("Wuchte") to build a pool at his residence located at 3880 Beechgrove Road, Melbourne, Florida 32934. 7. Respondent failed to include his license number in the contract. 8. The contract with NPS did not contain information regarding the Florida Homeowners' Construction Recovery Fund. 9. The total contract price was $41,250.00 of which $33,090.00 was paid to NPS. 10. Construction commenced on or about August 20, 2004, but construction ceased prior to completion without just cause or notice to Wuchte. 11. On or about January 6, 2005, Rinker Materials of Florida, Inc. ("RMF"), a subcontractor, issued a claim of lien against Wuchte's property in the amount of $3,441.31 for supplies and/or services ordered by Respondent. 12. On or about January 20, 2005, Wuchte paid RMF the full lien amount in order to satisfy the claim of lien against his property. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 14. Section 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor appear on each offer of services, business proposal, bid, contract, or advertisement used by that contractor or business organization in the practice of contracting. 15. Based on the foregoing, the Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating section 489.119(6)(b), Florida Statutes. COUNT HT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 17. Section 489.1425(1), Florida Statutes, states that 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 $2,500.00. 18. Based on the foregoing, Respondent violated section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489,1425(1), Florida Statutes. COUNT DI 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 20. Based on the foregoing, Respondent violated section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 12 as though fully set forth herein. 22. Based on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, 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 . 23. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 24. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. 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. Signed this_ 2) 08 sy of LGD , 2006. Assistant General Counsel COUNSEL FOR DEPARTMENT: FIL April L. Hammonds Department of Business and Professional Re Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 CLERK Soa oh £ . (WeuAan ay -200 gulation Tallahassee, FL 32399-2202 DATE, = ALH/dk Case#: 2006-010229 RC Found B26 I : LOWSSn 7 Eng iran

Docket for Case No: 07-005781PL