Apr 13 2009 16:34 O4/13/2689 16:38 8589219186 DEPR PAGE 83/19 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND™ PROFESSIONAL REGULATION, Petitioner, ve Case No.- 2007-064560 JUAN C. ARBOLEDA D/B/A L & A MAINTRNANCE, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESS IONAL REGULATION, ("Petitioner") files this Administrative Complaint | against SUAN C. ARBOLEDA ("Respondent") D/B/A L & A MAINTENANCE, INC. ("% & A") and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Séction 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 C1508565, which is current and active. 3. Respondent's address of record is 5017 Troydale Road, Tampa, Florida 33615. GAOGCiprendleman\ACssrboledaZ007-064560,CIRF,119(2 a) (R)2G)(0).doe ; 1 Apr 13 2009 16:34 O4/13/2689 16:38 8589219186 DEPR PAGE 84/19 4. “At all times material hereto, Respondent was the primary qualifying agent for L & A, which has’ a certificate of authority,-.OB. number 38369, which is currently delinquent. .. 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. On or about January 10, 2007, Baxbara Skinner (“Complainant”) entered into a contract with Respondent for. the installation of hurricane straps and other work to a residential structure located at 1731 . Doubleen Drive, Holiday, Florida 34690. On or about January 18, 2007, Complainant entered into another contract with Respondent for the installation of a rubberized roof system and other work to a residential structure located at 1731 Deoubloon Drive, Holiday, Florida 34690. vin The total price of the two contracts was $29,766.00, of which amount Respondent and/or L & A accepted approximately $28,635.00. 8. The contracts did not contain a statement explaining the consumer's rights under the Plorida Homeowners?’ Construction Recovery Fund. 9S. L & A has been issued a qualified business license, QB GAG C\prendleman\ACs\Arboleda2007-064560, CIRF, 1 19(2)(2),(2)2,()(0).do0 3 Apr 13 2009 16:34 @4/13/2889 16:38 8589219186 DEPR PAGE 5/19 38369,| which is currently delinquent. 10. No permit was obtained for the projects. weg wth. Respondent. -commenced constzuction..on both. projects, but abandoned the projects by failing to perform work without just cause for 90 consecutive days. 12. At. the’ time Respondent abandoned the projects, the percentage of completion was less than the percentage of the total contract price paid by Complainant at’ the time of |: abandonment. . COUNT ONE 13. Petitioner. realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Section 489.1425, Florida Statutes, states that any agreement’ or contract for repair, restoration, improvement ox construction to residential real property must contain a written statement explaining the consumer's rights under the Florida Homeowners’ Constxuction Recovery Fund, except where the . value of all labor and materials doés not exceed $2,500.00. 15. Based on the foregoing, Respondent violated section 499.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, ° Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.1425, Florida Statutes. GAOGCrprenidlemnn\ACs\Atholedn2007-064560,CIRF,119(2)(q).(2}2,(j)(6).dos . 3 Apr 13 2009 16:34 O4/13/2689 16:38 8589219186 DEPR PAGE 86/19 COUNT TWO ; 16, petitioner realleges and incorporates the allegations Set. forth,.in paragraphs one. through twelve. as. :thoughy.fully. wet forth herein. . 17. Section 489.119(2), Florida Statutes, provides'in part that a certificate of authority must be renewed every 2 years. “48. Based on the foregoing, Respondent violated section 489,129(1) Ww, Florida Statutes, by failing in any material tespect to comply with the provisions of Chapter 489, Part I, Florida Statutes, ox violating a rule or lawful order of the board, by having violated section 489.119(2) (d), Florida Statutes. . COUNT THREE 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve-as.though-fuily set forth herein. 20. Based upon the foregoing, the Respondent violated Section 489.129(1) (g)2., Plorida Statutes, by sommitting mismanagement or misconduct in the practice of contracting that causes financial harm toa customer. Financial mismanagement or misconduct cccurs 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 GAOGCipremdieman\aCa\Arboieda2007-064560,CIRF, 119(2)(d),(2)2,()(0).doc 4 Apr 13 2009 16:35 @4/13/2889 16:38 8589219186 DEPR PAGE 7/19 such funds under the terms of the contract ox refunds the excess funds within 30 days after the job is abandoned. Sst Sabi gE 6 2 ci dine ate COUNT FOUR-. atts oe 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. | . 22. Based on the foregoing, Respondent violated section 489.129(1) (4), Florida Statutes, 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 FIVE 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. a4. Based on the foregoing, Respondent violated section 489.129(1) (0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT Six 25. Petitioner realleges and incorporates the allegations GAOGC\prendleman\ACs\Atboledn2007-064560, CIRF,119(2)(d),(B)2,()(0).doe . 5 Apr 13 2009 16:35 @4/13/2889 16:38 8589219186 DEPR PAGE 8/19 set, forth in paragraphs one through twelve ag. though fully set forth herein. 26... Based..on the . foregoing, Respondent .wiolated...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 oné ox more-of the following penalties: place on probation, xeprimand the licensee, revoke, suspend, deny. the. issuance -or renewal of the ‘certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and presecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/ox any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. GAOGCiprendleman\a Ca\Artoledn2007-064560,CIRF, 119(2)(d),(2)2,G)(0).doc Apr 13 2009 16:35 @4/13/2889 16:38 8589219186 DEPR PAGE 9/19 Signed this 77 day of Retr he— , 2008: 7 ~ | PC Found: December 2, 2008 = = Kyle David eee —s a ae cree yen mag Oar Div. I: Stewart & Sheehan Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel 1940 .N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220 (850) 488-0062 Telephone (850) 921-9186 Facsimile Hopateah "HEP GAOGC\prendleman\aCs\Arboleda2007-064560,CIRF, 11 9(2)(4)(2)2,()(o).doc

Docket for Case No: 09-001842