FILED D(H P& mh P pou CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2007-024019 2007-028905 2007-033645 vs. ROBERT. ALLEN WILSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT ALLEN WILSON, ("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 C061413. 3. Respondent's address of record is 4311 SW 72™ Way, Davie, Florida 33314. 4. At all times material hereto, Respondent was licensed as the qualifying agent for ) Roll-Tek Industries, Inc., a Florida corporation (hereinafter referred to as "Contractor"). The Contractor’s qualified business organization certificate of authority (“QB license”) number QB39097 expired on or about August 31, 2007 due to non-renewal on or before that date, 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. | COUNTI 7. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth in this Count I. 8. Section 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2 years. . | 9. Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes (2005), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. . Case Number 2007-024019 10. On or about March 6, 2006 the Contractor entered into a written contract with Ronald Frey (hereinafter referred to as “Frey”) for the installation of hurricane shutters at Frey’s residence located at 2611 N. Riverside Drive, Apt. #707, Pompano Beach, Florida. 2 ) ) 11. The contract price was Five Thousand Seven Hundred Seventy Seven dollars ($5,777.00). ; 12. The contract did not include an explanation of the consumer’s rights under the Florida Homeowner’s Construction Recovery Fund. 13. The contract did not include the Respondent’s license number or the Contractor’s _ QB license number. 14, Pursuant to the contract, on or about April 1, 2006 Frey paid the Contractor a down payment of One Thousand Seven Hundred Thirty Three dollars ($1,733.00). 15. Without just cause, the Contractor failed to commence the project and failed to refund any of the monies paid by Frey. COUNT 16. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through fifteen as though fully set forth in this Count IL. 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 Florida Homeowners’ Construction 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 (2008), 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 I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one ) ) through six and ten through fifteen as though fully set forth in this Count IIL. 20. — Section 489.119(6)(b), Florida Statutes, provides: the registration or certification number of each contractor or certificate of authority number for each business. organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 21. Based upon the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes (2005), 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 IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through fifteen as though fully set forth in this Count IV. 23. Based upon the foregoing, the Respondent violated Section 489. 129(1)(j), Florida Statutes (2005), by abandoning a construction project in which the contractor is engaged or under contract asa 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 ¥ 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through fifteen 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 (2005), 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 funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is abandoned. Case Number 2007-028905 26. On or about February 21, 2006 the Contractor entered into a written contract with Marjorie Hauser (hereinafter referred to as “Hauser”) for the installation of hurricane shutters at Hauser’s residence located at 2611 N. Riverside Drive, Apt. #1107, Pompano Beach, Florida. 27. The contract price was Three Thousand Six Hundred Sixty Seven dollars ($3,667.00). 28. The contract did not include an explanation of the consumer’s rights under the Florida Homeowner’ s Construction Recovery Fund. . 29. The contract did not include the Respondent’s license number or the Contractor’s QB license number. 30. Pursuant to the contract, on or about February 21, 2006, Hauser paid the Contractor a down payment of One Thousand One Hundred dollars ($1,100.00). 31. Without just cause, the Contractor failed to commence the project and failed to refund any of the monies paid by Hauser. COUNT VI 32. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty six through thirty one as though fully set forth in this Count VI. yy ) 33. 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. 34. Based upon the foregoing, the Respondent violated Section 489.129(1)Q), Florida Statutes (2005), 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 Vi 35. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty six through thirty one as though fully set forth in this Count VIL 36. Section 489.119(6)(b), Florida Statutes, provides: the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. . 37, Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2005), 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 Vil 38. __ Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty six through thirty one as though fully set forth in this Count VIIL 39. Based upon the foregoing, the Respondent violated Section 489.129(1}j), Florida 6 } } Statutes (2005), 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 IX 40. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty six through thirty one as though fully set forth in this Count IX. 41. Based upon the foregoing, the Respondent violated Section 489,129(1)(g)2, Florida Statutes (2005), 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 funds under the terms of the contract or refunds the excess funds within 30 days after the date the job is-abandoned. Case Number 2007-033645 42. On or about February 21, 2006 the Contractor entered into a written contract with Domenic J. Catalano (hereinafter referred to as “Catalano” for the installation of hurricane shutters at Catalano’s residence located at 2611 N. Riverside Drive, Apt. #1006, Pompano Beach, Florida. . 43. The contract price was Four Thousand Nine Hundred Ninety Four dollars ($4,994.00). 44. — The contract did not include an explanation of the consumer’s rights under the ) j Florida Homeowner’s Construction Recovery Fund. 45. The contract did not include the Respondent's license number or the Contractor’s QB license number. | 46. ~. Pursuant to the contract, on or about February 21, 2006; Catalano paid the Contractor a down payment of One Thousand Four Hundred Ninety Eight dollars ($1,498.00). 47. Without just cause, the Contractor failed to commence the project and failed to refund any of the monies paid by Catalano. COUNT X 48. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and forty two through forty seven as though fully set forth in this Count X. 49. 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. — 50. _ Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2005), 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 XI 51. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and forty two through forty seven as though fully set forth in this Count XI. 52. Section 489.119(6)(b), Florida Statutes, provides: the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 53. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2005), 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 XH 54. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and forty two through forty seven as though fully set forth in this Count XII. 55. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2005), 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 Xm 56. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and forty two through forty seven as though fully set forth in this Count XI. 57. Based upon the foregoing, the Respondent violated Section 489.129(1)(g)2, Florida Statutes (2005), 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 PC Found: January 22, 2008. Div. I: Kalmanson & Wilford a 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 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. Signed this _ zat day of fare 4 “20048 "TV hevetios. R.. E THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R..Gay Assistant General Counsel : Department of Business and F | L E D Professional Regulation rtment of Business and Professional Reguiatien 8240 NW 52nd Terrace, #304 Depa DEPUTY C Miami, FL 33166 . of. (305) 470-6783 Ext, 2225 Prandtl Michele CLERK 2008 TRG/sb Z- = Case Nos. 2007-024019, 2007-028905, 2007-033645 10

Docket for Case No: 08-001646PL