Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: JEREMY S. ROGERO, D/B/A FLOOR TERRITORY, INC., AND J. ROGERO CONSTRUCTION, INC.
Judges: LISA SHEARER NELSON
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Apr. 26, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 12, 2010.
Latest Update: Dec. 24, 2024
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FILED
Department of Business and Proftsstionn| Rapulatlon
Deputy Agency Clerk
CLERK Branden Nichols
Onte 2/22/2010
File
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vy. , Case No. 2009047952
JEREMY S. ROGERO,
D/B/A FLOOR TERRITORY, INC.
& J. ROGERO CONSTRUCTION, INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative
Complaint before the Construction Industry Licensing Board,
againgat JEREMY §. ROGERO, ("Respondent"), and says:
1. Petitioner is the state agency charged with
tegulating 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 Building Contractor in the State of
Florida, having been issued license number CBC 1254634,
which is in Current, Active status.
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3. Respondent's last known addresses of record are:
883 Lawhon Drive, St. Johns, Florida 32259 and 6404
Arlington Road, Jacksonville, Florida, 32211.
A. At all times material hereto, Respondent was
doing business as Floor Territory, Inc. and J. Rogero
Construction, Ine.
5. At all times material hereto, Respondent
possessed QB#58121, as primary qualifying agent for Floor
Texritory, Inc. and possessed .QBH65030, as primary
qualifying agent for J. Rogero Construction, Inc.
6. Respondent ceased acting as the primary
qualifying agent for Floor Territory, Inc., on January 14,
2009.
7. 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.
8. On or about O¢teber 31, 2008, Respondent entered
into a contract with Rebert Clark ("Clark") for a kitchen
remodel at a residence identified as: 2256 Jose Circle
South, Jacksonville, Florida,
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9. The project contracted for was reduced to three
invoices numbered 14066, 14067, and 14068, for a total
contract price of approximately $11,900.00.
10. On or about October 31, 2008, Clark paid
Respondent approximately $8,988.00, via check number 3116,
drawn from Clark's account, for work to be performed
pursuant to the contract.
11. On or about February 6, 2009, Clark paid
Respondent an additional $8473.00, via check number 5150,
drawn from Clark’s account, for work to be performed
pursuant to the contract.
12. Respondent was paid a total of §9,461.00 by
Clark.
13.. Respondent began work on the project on February
2, 2009, and completed a portion of the flooring.
14. Respondent failed to complete cabinetry work;
failed to install granite counter tops, failed to install a
sink, failed to install a backsplash, and failed to install
plumbing. .
15. Fespondent stopped working on the project on or
about March 2, 2009, and as of November 17, 2009, has
failed to complete the Project as contracted for.
16. Respondent provided Clark no notice or reason for
failing to complete work on the project.
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17. Respondent failed to perform construction
services that Respondent was legally obligated to perform
pursuant to the contract or return any amount of the
$9,461.00, to Clark after failing to complete the project.
. COUNT ONE
: i8. petitioner realleges and incorporates the
allegations set forth in paragraphs 1 through 17 as though
fully set forth herein.
19. Based on the foregoing, Respondent violated
Section 489.129(1)(j}, Florida Statutes, by abandoning a
construction project in which the contractor is engaged or
under contract as a contractor.
COUNT TWO
20. Petitioner realleges and incorporates the
allegations set forth in paragraphs 1 through 17 as though
fully set forth herein,
al. 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.
COUNT THREE
22. Petitioner realleges and incorporates the
allegations set forth in paragraphs 1 through 17 as though
fully set forth herein.
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23. Section 455.227(1) (1) (kx), Florida Statutes,
prohibits:
Failing to perform any statutory or legal obligation placed
upon a licensee.
24, Based on the foregoing, Respondent violated
Section 489,129(1) (¢), Florida Statutes, by violating
Section 455.227(1) (k), Plorida Statutes.
COUNT FOUR
25, Petitioner realleges and incorporates the
allegations set forth in paragraphs 1 through 17 as though
fully set forth herein.
26. Based on the foregoing, Respondent violated
Section 489.129(1) (m), Florida Statutes, by committing
incompetence or misconduct in the practice of contracting.
WHEREFORE, Patitioner 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 $10,000 per violation,
require continuing education, assess costs associated with
Anvestigation and prosecution, impose. any or all penalties
delineated within Saction 455.227(2), Florida Statutes,
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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 26° day of January, 2010.
CHARLES W. DRAGO, Secretary
Department of Business and
Professional Regulation
By: __ James Fortunas
James Fortunas
Assistant General Counsel
Fl. Bar No. 21635
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street,Ste. 42
Tallahassee, FL 32399-2202
PC Found 01/26/2010
Members: Chung/Kane
JF
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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 he 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 thea 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 time, against the Respondent in addition to any
other discipline imposed.
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Docket for Case No: 10-002274
Issue Date |
Proceedings |
May 12, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
May 10, 2010 |
Notice of Appearance and Consent (filed by A.Zebouni).
|
May 06, 2010 |
Response to Initial Order filed.
|
May 05, 2010 |
Petitioner's Motion to Cancel Hearing and Relinquish Jurisdiction filed.
|
May 03, 2010 |
Notice of Scrivener's Error filed.
|
Apr. 29, 2010 |
Petitioner's First Request for Admissions to Respondent filed.
|
Apr. 29, 2010 |
Petitioner's Unilateral Response to Initail Order filed.
|
Apr. 27, 2010 |
Initial Order.
|
Apr. 26, 2010 |
Election of Rights filed.
|
Apr. 26, 2010 |
Administrative Complaint filed.
|
Apr. 26, 2010 |
Agency referral filed.
|