DY¥-3379PL STATE OF FLORIDA HEAR DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vs. Case Nos. 2007-005348 ; 2007-008936 RENEE M. PIROLO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against RENEE M. PIROLO, ("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's address of record is 28059 U.S. Highway 19 North, #327, Clearwater, Florida 33761. . 3. Beginning on June 22, 2006, and thereafter at ail times material hereto, Florida corporation Thermogard Plus, Inc. (the “Contractor”) was a qualified business organization, having been issued certificate of authority number QB48693, and certified general contractor Ryan Dean Cox Jr., license number CGC1511482, was the Contractor’s primary qualifying agent. 4. Beginning on June 22, 2006, and thereafter at all times material hereto, the Respondent was the Contractor’s Financially Responsible Officer, having been issued license number FRO2670. 5. Section 489.1195(1)(b), Florida Statutes, provides in pertinent part: Upon approval by the board, a business entity may designate a financially responsible officer for purposes of certification or registration. A financially responsible officer shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent. DBPR Case No, 2007-005348 6. On July 25, 2006 the Contractor entered into a written agreement with Faina Shklyaver (hereinafter referred to as “Shklyaver”) for the installation of hurricane shutters at Shklyaver’s residence located at 2751 South Ocean Drive, #1207N, Hollywood, Florida. 7. The contract price was Two Thousand Eight Hundred Eighty dollars ($2,880.00). 8. Pursuant to the contract, on July 27, 2006 Shklyaver paid the Contractor a deposit of One Thousand Four Hundred Forty dollars ($1,440.00). 9. The Contractor failed to commence the project and failed to refund any of the monies paid by Shklyaver. COUNT I 10. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count I. 11. Based upon the foregoing, the Respondent violated Section 489.129(1)@), 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 Hf 12. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth in this Count 1. 13. 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 . fess 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. DBPR Case No, 2007-008936 14. On June 26, 2006, the Contractor entered into a written agreement with Jeanie : Moy (hereinafter referred to as “Moy”) for the installation of hurricane shutters at Moy’s residence located at 1101 Green Pine Boulevard, Apt. A2, West Palm Beach, Florida. 15. The contract price was Three Thousand Five Hundred dollars ($3,500.00). 16. Pursuant to the contract, on June 26, 2006 Moy paid the Contractor a deposit of One Thousand Seven Hundred Fifty dollars ($1,750.00). 17. The Contractor failed to commence the project and failed to refund any of the monies paid by Moy. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through seventeen as though fully set forth in this Count III. | 19. Based upon the foregoing, the Respondent violated Section 489. 129(1)Q), 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 IV 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and fourteen through seventeen as though fully set forth in this Count IV. 21. 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. 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 fin e 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 zs day of __¢ Splember , 2007. THEODORE R. GAY PC Found: September 25, 200; Div I: Stewart & Thornton Div. I: Bailey & Lawson ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay fees Assistant General Counsel “ a F | L E D Department of Business and Department of Business and Professional Regulation Professional Regulation AGENCY CLERK 8240 NW 52nd Terrace, #304 Miami, FL 33166 (305) 470-6783 Ext. 2225 CLERK Soa wh 2. Wel an TRG/ DATE il had Case # 2007-005348, 2007-008936

Docket for Case No: 08-003279PL