Apr 26 2010 14:10 @4/26/2818 14:41 8589219186 DEPR PAGE 3/12 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. ad/26/ 2818 Apr 26 2010 14:10 14:41 9589219196 DEPR 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, PAGE @4/12 ad/26/ 2818 Apr 26 2010 14:10 14:81 8589219186 DEPR 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. PAGE 5/12 ad/26/ 2818 Apr 26 2010 14:10 14:81 8589219186 DEPR 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. PAGE §6/12 ad/26/ 2818 Apr 26 2010 14:11 14:81 8589219186 DEPR 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, PAGE @7/12 Apr 26 2010 14:11 @4/26/2818 14:41 8589219186 DEPR PAGE 8/12 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 O4/26/ 2818 Apr 26 2010 14:11 14:81 8589219186 DEPR 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. PAGE 89/12

Docket for Case No: 10-002274