OTS TRBPC STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No, 2005-025265 v. ARMANDO CALLEJA, Respondent. / a ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ARMANDO CALLEJA, ("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 489.1195(1)(a), Florida Statutes, provides tha. _l 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 August 15, 2004, Nautica entered into a contract with Eric and Sara Stern ("Stern") to construct a swimming pool at their residence located at 4290 Parkway Drive, Melbourne, FL 32934. 7. The total contract price was $28,358.00, of which $22,839.40 was paid to Nautica by Stern. 8. Respondent applied for a permit to put in the pool on October 20, 2004, and a permit was issued on November 4, 2004. 9. Nautica performed some work on the project but ceased all construction prior to completion without providing notice or just cause to Stem. 10. The poo! 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. Stern also paid $3,164.38 directly to subcontractors for materials necessary to complete the construction of the pool and paid an additional $11,426.14 to have the pool completed. 12, On or about September 1, 2005, Stern obtained a civil judgment in the amount of $5,275.00 against Respondent. The civil judgment was recorded on September 6, 2005, in O.R. Book 5528, Page 7353. 13. To date, Respondent has failed to satisfy the civil judgment. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 13 as though fully set forth herein. 15. Based on the »wregoing, Respondent violated section 4 4.129(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 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 17. Based on the foregoing, Respondent violated section 489.129(1)(g)3, 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 job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT II 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 19. Based on the foregoing, Respondent violated section 489.129(1)(j), 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 IV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs | through 13 as though fully set forth herein. 21. Based upon the foregoing, the Respondent violated Section 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 V 22, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 23, Based upon the foregoing, the Respondent violated Section 489.129(1)(q), Florida Statutes, by failing to satisfy the civil judgment obtained against him within a reasonable time. COUNT VI 24. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 13 as though fully set forth herein. 25. 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 S atutes, and/or the rules promulgated the. _ under. laob Signed this uo day of Mea ; 2007. PC Found: February 27, 2007 Div. I: Flaherty & Weller By: Matthew D. Morton Assistant General Counsel COUNSEL FOR DEPARTMENT: Matthew D. Morton ; essionel Regulation Assistant General Counsel Oepartment of ape fre Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 curk Seasdn Z- Wedron Tallahassee, FL 32399-2202 3-20-2001 — vs DATE.

Docket for Case No: 07-005783PL