Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: RENE A. AVILES, D/B/A TOTAL SCREEN
Judges: JOHN D. C. NEWTON, II
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Oct. 27, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 22, 2010.
Latest Update: Dec. 25, 2024
Department of Busines arid ¥rofensional Kegulation
AGENCY CLERK
ChERK Saran Wachman
Pate 7715/2009
File #
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION T
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vy Casé@ No. 2007-067551
RENE A, AVILES .
D/B/A TOTAL SCREEN,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, (“Petitioner”), files this Administrative Complaint
before the Construction Industry Licensing Board, against RENE
Ay AVILES, (“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 aj1 times material
hereto, a Certified General Contractor in the State of Florida,
having been issued License number CG C1513065, which is at
present time in a current and active status.
3. Respondent's last known address of record is 1121 SE
12% Place, Cape Coral, FL 33990,
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4. At all times material hereto, Respondent was doing
business as A & OD Holdings Group, Inc,, which has been
appropriately qualified as required, receiving a certificate of
authority and license 0B53493, A & D Holdings Group, Inc. was
engaged at all times material hereto in business under the
fictitious name of Total Screen (“Total Screen”)
5. At all times material hereto, Respondent was doing
business . as Full Construction Services, Inc. (“Full
Construction”), which has been appropriately qualified as
required, receiving a certificate of authority and license
OBG60156.
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 ail
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.
7. On or about July 13, 2007, Respondent, doing business
as A & D Holdings Group, Inc. and Total Screen, entered into a
contract with Marta Rios (“Rios”) to construct a pool with spa,
deck, equipment and pool enclosure at 813 Julio Circle, Lehigh
Acres, Florida.
a, The contract price was $30,000.00, of which amount
Rios has paid a total of $21,000.00 to Respondent.
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3, A permit for the pool construction was obtained by
another contractor, Pelican Home Builders on August 9, 2007, and
construction of the pool started shortly thereafter.
10, Respondent abandoned the project in September 2007.
ll. The percentage of contracted work completed was less
than the percentage of the contract price paid,
i2. Respondent failed to refund any amount of monies paid
by Rios.
COUNT ONE
13. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs 1 through 12 as though fully set forth
herein,
14. Based on the foregoing, Respondent violated Section
489,129(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 &xcess
funds within 30 days after the job is abandoned.
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COUNT TWO
15. Petitioner re-alleges and incorporates the allegations
set forth in paragraphs 1 through 13 as though fully set forth
herein.
16, Based on the foregoing, Respondent violated Section
489.129(1) (4), Florida Statutes, by abandoning the 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 THREE
17. Petitioner re-alleges and incerporates the allegations
set forth in paragraphs 1 through 13 as though fully set forth
herein.
16. 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
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renewal of the certificate or registration, require financial
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, and/or any other velief that the
Board is authorized to impose pursuant to Chapters 489, 455,
Florida Statutes, and/or the rules promulgated thereunder.
Signed this USN day of Ards , 2009.
CHARLES W, DRAGO, Secretary
Department of Business and
Professional Regulation
By: -
) Ardelean
Resistant General Counsel
Jflorida Bar No: 734853
Department of Business and
Professional Regulation
Office of the General Counsel
4940 North Monroe Street, Suite 42
Tallahassee, Florida 32399-2202
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
PCP Date tp - 2-ON
PCP Members ouster iWighand
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NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Sections 120.569 and 120.57,
Florida Statutes, to be represented by counsel or other
qualified representative, to present evidence and argument, to
Call and cross-examine witnesses and to have subpoenas and
subpoenas duces tecum issued on his or her behalf if a hearing
is requested. Rule 28-106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing
within twenty-one (21) days of receipt of an agency pleading,
Respondent waives the right to request a hearing on the facts
alleged,
NOTICE REGARDING ASSESSMENT OF Costs
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this
matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the
Board, or the Department when there is no Board, may assess
costs related to the investigation and prosecution of the case
excluding costs associated with an attorney's timé, against the
Respondent in addition to any other discipline imposed.
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Docket for Case No: 09-005898
Issue Date |
Proceedings |
Aug. 23, 2010 |
Notice of Appearance (filed by P. Waters).
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Jun. 03, 2010 |
Notice of Unavailability filed.
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May 25, 2010 |
Motion to Re-open Cases and Motion for Hearing filed. (DOAH CASE NOS. 10-3108, 103109, 10-3110, 10-3111, 10-3112 AND 10-3113 ESTABLISHED)
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Jan. 22, 2010 |
Order Closing Files. CASE CLOSED.
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Jan. 22, 2010 |
Motion to Relinquish Jurisdiction filed.
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Jan. 21, 2010 |
Order on Petitioner`s Objection to Respondent`s Expert Witnesses.
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Jan. 21, 2010 |
CASE STATUS: Pre-Hearing Conference Held. |
Jan. 15, 2010 |
Unilateral PreHearing Statement filed.
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Jan. 15, 2010 |
Petitioner's Response to Order of Pre-hearing Instructions filed.
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Jan. 14, 2010 |
Petitioner's Amended Response to Respondent's Request for Production of Documents filed.
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Dec. 30, 2009 |
Response to Respondent's First Request for Production filed.
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Dec. 30, 2009 |
Response to Respondent's First Set of Interrogatorries filed.
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Dec. 04, 2009 |
Response to First Request for Production (filed in Case No. 09-5903).
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Dec. 04, 2009 |
Response to First Request for Admissions (filed in Case No. 09-5903).
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Dec. 04, 2009 |
Answers to First Set of Interrogatories (filed in Case No. 09-5903).
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Dec. 04, 2009 |
Response to First Request for Production (filed in Case No. 09-5902).
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Dec. 04, 2009 |
Response to First Request for Admissions (filed in Case No. 09-5902).
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Dec. 04, 2009 |
Respondent's Answers to Petitioner's First Set of Interrogatories (filed in Case No. 09-5902).
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Dec. 04, 2009 |
Response to First Request for Production (filed in Case No. 09-5901).
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Dec. 04, 2009 |
Response to First Request for Admissions (filed in Case No. 09-5901).
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Dec. 04, 2009 |
Answers to First Set of Interrogatories (filed in Case No. 09-5901).
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Dec. 04, 2009 |
Response to First Request for Production (filed in Case No. 09-5900).
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Dec. 04, 2009 |
Response to First Request for Admissions (filed in Case No. 09-5900).
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Dec. 04, 2009 |
Answers to First Set of Interrogatories (filed in Case No. 09-5900).
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Dec. 04, 2009 |
Response to First Request for Production (filed in Case No. 09-5899).
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Dec. 04, 2009 |
Response to First Request for Admissions (filed in Case No. 09-5899).
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Dec. 04, 2009 |
Answers to First Set of Interrogatories (filed in Case No. 09-5899).
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Dec. 04, 2009 |
Response to First Request for Production filed.
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Dec. 04, 2009 |
Response to First Request for Admissions filed.
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Dec. 04, 2009 |
Respondent's Answers to Petitioner's First Set of Interrogatories filed.
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Dec. 03, 2009 |
Order Allowing Testimony by Telephone.
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Dec. 02, 2009 |
CASE STATUS: Motion Hearing Held. |
Dec. 02, 2009 |
First Request for Production filed.
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Dec. 02, 2009 |
First Set of Interrogatories filed.
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Dec. 02, 2009 |
Notice of Service of Interrogatories filed.
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Dec. 01, 2009 |
Response to Motion to Change Hearing Venue and Alternative Motion for Hearing by Video Teleconference filed.
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Nov. 25, 2009 |
Motion to Change Hearing Venue and Alternative Motion for Hearing by Video Teleconference filed.
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Nov. 13, 2009 |
Order of Pre-hearing Instructions.
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Nov. 13, 2009 |
Notice of Hearing (hearing set for January 25 through 29, 2010; 9:00 a.m.; Fort Myers, FL).
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Nov. 13, 2009 |
Order of Consolidation (DOAH Case Nos. 09-5898, 09-5899, 09-5900, 09-5901, 09-5902, and 09-5903).
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Nov. 04, 2009 |
Petitioner?s First Request for Production filed.
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Nov. 04, 2009 |
Petitioner?s First Set of Interrogatories filed.
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Nov. 04, 2009 |
Petitioner?s First Request for Admissions filed.
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Nov. 04, 2009 |
Notice of Service filed.
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Nov. 03, 2009 |
Unilateral Response to Initial Order filed.
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Oct. 29, 2009 |
Unilateral Response to Initial Order filed.
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Oct. 29, 2009 |
Notice of Appearance (filed by D. Perera).
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Oct. 27, 2009 |
Petition for Formal Hearing and Evidentiary Hearing filed.
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Oct. 27, 2009 |
Administrative Complaint filed.
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Oct. 27, 2009 |
Agency referral filed.
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Oct. 27, 2009 |
Initial Order.
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