ors 192rt a STATE OF FLORIDA fa DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ae CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-013459 v. ARMANDO CALLEJA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARMANDO CALLEIA, ("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 CPC1456568. 3. Respondent's last known addresses of record are 715-B North Drive, Melbourne, FL 32934 and P. O. Box 372411, Satellite Beach, FL 32937. 4. At all times material hereto, Respondent was the primary qualifying agent for Nautica Pool & Spa ("Nautica"), which has a certificate of authority, QB 7853. 5. Section 48>. .195(1)(a), Florida Statutes, provides ti... 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 July 14, 2004, Nautica entered into a contract with Mark Wagner ("Wagner") to construct a swimming pool at his residence located at 1852 Laramie Circle, Melbourne, FL 32940, . 7. The total contract price was $34,800.00, of which $13,920.00 was paid to Nautica by Wagner. 8. Respondent applied for a permit to put in the pool and a permit was issued in August 2004. 9. Nautica performed some work on the project but ceased all construction prior to completion without providing notice or just cause to Wagner. 10. The pool was not completed nor was a final inspection passed as a result of Respondent and Nautica’s failure to complete construction of the swimming pool. 11. Wagner also paid $5,226.17 directly to subcontractors or materials necessary to complete the construction of the pool and received an estimate for an additional $10,365.00 to have the screen enclosure completed. 12. On or about May 8, 2006, Wagner forwarded a letter to Respondent advising that he had not been out to the property in over sixty (60) days and requesting that construction recommence within thirty (30) days from the date of mailing of the letter. 13. No work was begun or completed after the date of the letter nor does it appear that any attempts were made by Respondent as a result of this letter. Respondent did not do any work for a period of at least ninety (90) days, despite Wagner’s requests and demands. 14. Responden. uwuvised Petitioner that an increase inm. .:al prices as a result of the hurricanes prevented him from financially being able to finish the jobs and Respondent ultimately filed bankruptcy. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 16. Based on the foregoing, Respondent violated section 489.129(1)(g)2, 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 the contractor has abandoned a customer's job and the percentage of completion is less that 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 job is abandoned. COUNT II 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 18. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes, by abandoning the swimming pool 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 HI 19, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 20. Based upo.. .~ foregoing, the Respondent violated . -.0n 489.129(1)(0), Florida Statutes, by proceeding on this job without obtaining the appropriate inspections, including the final inspection necessary to complete the construction of the pool. COUNT IV 21. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 22. 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 Rice day of Mat — , 2007. PC Found: February 27, 2007 Div. Hi: Flaherty & Weller By. Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: F L E D Matthew D, Morton Department of Business and Professional Regulation Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 cuRK Sanh £. Werbowy Tallahassee, FL 32399-2202 pate .4°2072007 :

Docket for Case No: 07-005782PL