STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT LON CONSTRUCTION INDUSTRY LICENSING BOARD “Hy 'Sio, 4%, DIVISION I « II Mes [Stig Oe AT Tre, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, {) 4 SOT PL Petitioner, Vv. Case Nos. 2007-034563 2007-041717 2007-053035 2008-004164 MAGALY RODRIGUEZ, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against Magaly Rodriguez ("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 since December 12, 2005, a Certified Residential Contractor in the State of Florida, having been issued license number CRC1328362. Respondent is and has been since January 9, 2006, a Certified General Contractor in G:\Ted 2008 Construction Cases\07-034563. Rodriguez. AC(multi).doc i the State of Florida, having been issued license number CGC1510414. Respondent is and has been since October 9, 2006, a Certified Roofing Contractor in the State of Florida, having been issued license number CCC1327637. 3. Respondent's last known address of record is 12231 S.W. 13lst Avenue, Miami, Florida 33186. 4. At all times material hereto on and after December 12, 2005, with license number CRC1328362; at all times material hereto on and after January 9, 2006, with license number CGC1510414; and at all times material hereto on and after October 9, 2006, with license number CCC1327637; the Respondent was licensed as the qualifying agent of Construction Masters of Southern Florida, Inc. (“Contractor”), a Florida corporation that was formed on or about October 14, 2005. On or about December 12, 2005 the Contractor was issued qualified business organization certificate of authority (“QB license”) number QB44749. The Contractor’s QB license expired on August 31, 2007 due to non-renewal on or before that date, and it was not subsequently renewed, At all times material hereto prior to December 12, 2005, the Respondent was not duly licensed pursuant to Part I of Chapter 489, Florida Statutes, to practice construction contracting in the State of Florida. G:\Ted 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc 2 5. At all times material hereto, Construction Masters of South Florida, Ine. (“CMSF”) was a Florida corporation. At all times material hereto, CMSF was not duly licensed pursuant to Part I of Chapter 489, Florida Statutes, to practice construction contracting in the State of Florida. At all times material hereto, the Respondent actively participated in the control and operation of CMSF. 6. 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. COUNT ONE 7. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six as though fully set forth in this Count One. 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 (2004), by failing in G:\Ted 2008 Construction Cases\07-034563. Rodriguez. AC(multi).doc 3 any Material respect to comply with the provisions of this part or violating a rule or lawful order of the board. Case Number 2007-034563 10. On or about August 21, 2005 CMSF entered into a written contract. with Pierre Mayrand and Pascale Perry (hereinafter referred to as “Customers”) for the construction of a new mini garage-storage, master bedroom, bath, and closet at the Customers’ -residence located at 9955 S.W. 74th Street, Miami, Florida. Sometime thereafter, through an assignment or through some other means, CMSF’s rights and obligations pursuant to the contract became the rights and obligations of the Contractor. ll. The contract price was $96,000.00, 12. Pursuant to the contract or otherwise in furtherance of the project, the Customers made payments toward the contract price either to CMSF or to the Contractor on or about the following dates and in the following amounts: Date Amount August 21, 2005 $ 5,000.00 October 13, 2005 5,000.00 January 3, 2006 10,000.00 January 13, 2006 10,000.00 February 6, 2006 15,000.00 May 8, 2006 ; 10,000.00 May 16, 2006 5,000.00 $60,000.00 Total G:Ted 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc 4 13. On or about January 10, 2006, the Miami-Dade County building department issued building permit number 2006029153 for the project to the Contractor. 14. In January 2006 the Contractor commenced work on the project. In June 2006 the Contractor agreed to complete the project by August 2006. In January 2007 the Contractor agreed to complete the project by March 2007. The Contractor failed to complete the project. After May 2007, and without just cause, the Contractor failed to perform further work on the project, thereby abandoning the project. COUNT TWO 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through fourteen as though fully set forth in this Count Two. 16. Section 489.105(3), Florida Statutes, defines the term “contractor” to mean “...the person who is qualified for, and shall only be responsible for, the project contracted for and means...the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others...” G:\Ted 2008 Construction Cases\07-034563. Rodriguez. AC(multi).doc 5 17. Section 489.105(6), Florida Statutes, provides that the term “contracting” includes “[t]he attempted sale of contracting services and the negotiation or bid for a contract on these services...” 18. Section 489.127(1)(f), Florida Statutes, states: “No person shall: engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority;” 19. Based upon the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (2004), 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 THREE 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and ten through fourteen as though fully set forth in this Count Three. 21. Based upon the foregoing, the Respondent violated Section 489.129(1) (3), Florida Statutes (2004), 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 G:\Ted 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc 6 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. Case Number 2007-041717 22. On or about December 23, 2005 the Contractor entered into a written contract with Robert and Helen Gamayo (hereinafter referred to as the “Gamayos”) for the construction of a new family room, bedroom, closet, bath and terrace at the Gamayos’ residence located at 7840 N.W. 170th Terrace, Miami, Florida. 23. The contract price was $74,100.00. On or about March 10, 2006, a change order to add a new truss roof and a half bathroom increased the contract price by $11,500.00 to $85,600.00. 24. The contract did not include an explanation of the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 25. Pursuant to the contract or otherwise in furtherance of the project, the Gamayos made payments to the Contractor toward the contract price on or about the following dates and in the following amounts: G:\Ted 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc 7 “eh Date Amount December 23, 2005 $14,100.00 March 10, 2006 8,250.00 April. 11, 2006 3,250.00 April 20, 2006 10,000.00 June 1, 2006 10,000.00 November 4, 2006 10,000.00 December 2, 2006 10,000.00 $65,600.00 Total 26. .On or about March 17, 2006 the Contractor applied to the Miami-Dade County building department for a building permit for the project. The application was approved, and on or about April 14, 2006 building permit number 2006069815 was issued. 27. During the period from April 2006 to September 2007 the Contractor performed work on a sporadic basis in furtherance of the project but did not complete the project. Thereafter, and without just cause, the Contractor failed to perform further work on the project, thereby abandoning the project. COUNT FOUR 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty two through twenty seven as though fully set forth in this Count Four. 29. 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 G:\Ted 2008 Construction Cases\07-034563. Rodriguez. AC(muiti).doc 8 Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 30. Based upon the foregoing, the Respondent violated Section 489,.129(1){i), Florida Statutes (2004), 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 FIVE 31. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty two through twenty seven as though fully set forth in this Count Five. 32. Section 489.126(2) (a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 33. Based upon the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (2004), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. G:\Ted 2008 Construction Cases\07-034563.Rodriguez. AC(mutti).doc 9 COUNT SIX 34, Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and twenty two through twenty seven as though fully set forth in this Count Six. 35. Based upon the foregoing, the Respondent violated Section 489.129(1) (j), Florida Statutes (2004), 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. Case Number 2007-053035 36. On or about September 14, 2006 the Contractor entered into a written contract with Issa and Maria Ragabi (hereinafter referred to as the “Ragabis”) for the Contractor to perform interior remodeling work at the Ragabis’ residence located at 5450 S.W. 88th Place, Miami, Florida. 37. The contract price was $45,418.00. 38. On or about September 14, 2006 the Contractor entered into a written contract with the Ragabis for the conversion of a garage to a family room at the Ragabis’ residence. 39. The contract price was $14,700.00. Gi\Ted 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc 10 40. On or about April 23, 2007 the Contractor entered into a written contract with Issa Ragabi for the installation of new impact resistant doors at the Ragabis’ residence. 41. The contract price was $8,200.00. 42. The three contracts did not include an explanation of the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. 43. Pursuant to the contracts or otherwise in furtherance of the projects, the Ragabis made payments to the Contractor toward the contract prices on or about the following dates and in the following amounts: Date Amount September 14, 2006 $10,826.00 September 14, 2006 7,700.00 April 23, 2007 4,200.00 April 23, 2007 5,000.00 May 14, 2007 10,000.00 May 25, 2007 5,000.00 May 25, 2007 3,540.00 $46,266.00 Total 44. During the period from approximately September 2006 to May 2007 the contractor performed work on a sporadic basis in furtherance of the projects, but the Contractor did not complete any of the projects. Thereafter, and without just cause, the Contractor failed to perform further work on the projects, thereby abandoning the projects. G:ATed 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc i COUNT SEVEN 45. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty six through forty four as though fully set forth in this Count Seven. 46. 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. 47. 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 EIGHT 48. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and thirty six through forty four as though fully set forth in this Count Eight. 49. 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 G:\Ted 2008 Construction Cases\07-034563.Rodriguez, AC(multi).doc 12 vote 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. Case Number 2008-004164 50. On or about May 19, 2005, CMSF entered into a written contract with Jorge and Marieugenia Mauri (hereinafter referred to as the “Mauris”) for the construction of a new master bedroom addition to the Mauris’ residence located at 6853 S.W. 28th Terrace, Miami, Florida. Sometime thereafter, through an assignment or through some other means, CMSF’s rights and obligations pursuant to the contract became the rights and obligations of the Contractor. 51. The contract price was $72,460.00. On or about January 2, 2007 the parties agreed to a change order whereby the Contractor was to re-roof the Mauris’ residence for $17,000.00. ‘52. Pursuant to the contract or otherwise in furtherance of the project, the Mauris made payments toward the contract price either to CMSF or to the Contractor on or about the following dates and in the following amounts: Date Amount May 20, 2005 $21,738.00 June 8, 2006 15,000.00 January 2, 2007 17,000.00 $53,738.00 Total G:\Ted 2008 Construction Cases\07-034563. Rodriguez. AC(multi).doc 13 wae 53. On or about January 10, 2006 the Contractor applied to the Miami-Dade County building department for a building permit for the project. The application was approved, and on or about January 10, 2006 building permit number 2006029175 was issued. 54. During the period from approximately January 2006 to August 2007 the Contractor performed work on a sporadic basis in furtherance of the project but did not complete the project. Thereafter, and without just cause, the Contractor failed to perform further work on the project, thereby abandoning the project. COUNT NINE 55. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and fifty through fifty four as though fully set forth in this Count Nine. 56. Section 489.105(3), Florida Statutes, defines the term “contractor” to mean “...the person who is qualified for, and shall only be responsible for, the project contracted for and means...the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or . structure, including related improvements to real estate, for others or for resale to others...” GATed 2008 Construction Cases\07-034563. Rodriguez. AC(multi). doc . 14 saa sane 57. Section 489.105(6), Florida Statutes, provides that the term “contracting” includes “[t]he attempted sale of contracting services and the negotiation or bid for a contract on these services...” 58. Section 489.127(1)(f), Florida Statutes, states: “No person shall: engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority;” 59. Based upon the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (2004), 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 TEN 60. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and fifty through fifty four as though fully set forth in this Count Ten. 61. Section 489.126(2) (a), Florida Statutes, states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must apply for permits necessary to do work within 30 days after the G:\Ted 2008 Construction Cases\07-034563 Rodriguez. AC(multi).doc 15 date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 62. Based upon the foregoing, the Respondent violated Section 489.129(1) (i), Florida Statutes (2004), 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 ELEVEN 63. Petitioner realleges and incorporates the allegations set forth in paragraphs one through six and fifty through fifty four as though fully set forth in this Count Eleven. 64. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2004), 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. 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 G:\Ted 2008 Construction Cases\07-034563. Rodriguez. AC(raulti).doc 16 restitution to a consumer, impose an administrative fine not to exceed $10,000 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, including penalties for conduct constituting a substantial violation of Section 455,.227(1), Florida Statutes, or a violation of the applicable practice act which occurred prior to obtaining a License, 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. , 2008. heentbpien. ke... &. these Assistant General Counsel Florida Bar No. 242896 Department of Business and Professional Regulation Regulation Office of owe General Counsel ines: O NW 5 Terrace, Suite 304 Department oS PUTY CLERK ‘Miami, Florida 33166 : (305) 470-6783 ext. 2225 Telephone . g (305) 470-5781 Facsimile th Signed this 24 day of «g and Professional CLERK DATE PC Found: June 24, 2008 Div. I: Wilford & Thornton Div. Ik Cook & Bailey G:\Ted 2008 Construction Cases\07-034563.Rodriguez. AC(multi).doc 7

Docket for Case No: 09-001527PL