May 27 2010 15:23 ge/27/201e 16:13 8589219186 DEPR PAGE 3/18 FILED Departinent, of Susiriets and Professional Aequtation Deputy Ageney Clerk CLERK Branden Nlehots Date 3/23/2010 Fila # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION Tf DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2007-036090 REMON CELCIUS RUDGE, Respondent . / ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation, files this Administrative Complaint before the Construction Industry Licensing Board, against Respondent, REMON CELCIUS RUDGE, and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant tb Section 20,165, Plorida Statutes, and Chapters 455 and 489, Florida Statutes. 2s At all times material to this complaint, Respondent was licensed as a Certified General Contractor in the State of Florida, having been issued license number CG C1506495. 3. Respondent's address of record is 2334 NW 78th Stxreét, Miami, Florida 33147 and 1501 NW 54th Stxreet, Miami, Florida 33142. GA1009 Cases\07-036090 Rudge. administrative complaint.dos May 27 2010 15:23 5/27/2618 15:13 8589219186 DEPR PAGE 84/18 4. At all times material to this complaint, Respondent wag licensed as the qualifying agent of Rudge Wood Flooring, Inc. (“Contractor), a Florida corporation with qualified business organization certificate of authority number QB27876. 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. At all times material hereto, Robert Murphy (“Murphy”) was not. licensed pursuant to Part TIT of Chapter 489, Florida Statutes, to practice construction contracting in the State of Florida. 7. On or about June 18, 2006 Murphy entered into a written ‘contract with Sylvia Flowers (hereinafter referred to as “Plowers”) to re-roof Flowers’ residence located at 4300 NW 11th Avenue, Miami, Florida. B. The contract price was $25,000.00. 9. In furtherance of the project, FPlowers made the following payments to Murphy: $2,870.00 on or about May 18, 2006; $3,000.00 on or about June 5, 2006; and $4,130.00 on or about September 14, 2006; for a total of $10,000.00. GA2009 Cases\07-036090 Rudgc.administrative complaint.doc 2 May 2? 2010 15:24 ge/27/281e 16:13 8589219186 DEPR PAGE 5/18 10. On ox about. June 2, 2006 the City of Miami building department received a building permit application for the Flowers re-roof project. The application described the job as a shingle re-roof project. The application was approved, and on or about June 6, 2006, building permit number 65015123 was issued. 11. On or about August 22, 2006 the City of Miami building department received a revised building permit application for the Flowers re-roof project, changing the description of the roofing material to be used in the project from shingle to tile. The application was approved, and on or about August 24, 2006, building permit number 65022527 was issued. 12. Both building permits 65015123 and 65022527 were igsued to the Contracter as the contractor for the project. In a subsequent interview by an investigator for the Petitioner on August 9, 2007, the Respondent acknowledged having obtained the building permit for the Flowers re-roof project for Murphy and having been paid $600.00 by Murphy to do so. 13. On or about September 13, 2006 a “roof tin cap” inspection was approved after which time no other inspections were performed. The roof leaked and caused interior water damage to Flowers’ residence. 14. On or about January 15, 2007, Flowers fired Murphy and thereafter hired Roche Roofing to re-roof her residence. Roche GA2009 Cases\07-036090 Rudgeadministrative complaint.doc 3 May 2? 2010 15:24 ge/27/201e 16:13 8589219186 DEPR PAGE 46/18 Roofing completed the job and obtained an approved final inspection on or about July 18, 2007. COUNT ONE 15. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 16. Respondent violated Section 489.129(1)(d), Florida Statutes (2005), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder ox registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT TWO 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 18. Section 489.127(4) (¢), Florida Statutes, states: “ A certified or registered contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the G:\2009 Cases\07-036090 Rudge.administrative compiaint.doc 4 May 2? 2010 15:24 ge/27/201e 16:13 8589219186 DEPR PAGE @7/1e contracting at, the real property specified in the application or permit.” 19. 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, by obtaining a building permit for work for which the Respondent had no contract, in of Section 489.427(4) (c)," Florida Statutes. WHEREFORE, Petitioner respectfully requests the Construction industry Licensing Board enter an Order imposing one ox 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 investigation and prosecution, impose any or all penalties delineated | within Section 455.227(2), Florida Statutes, 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. G\2009 Cases\07-036090 Rudge.administrative complaint.doc May 2? 2010 15:24 5/27/2618 15:13 8589219186 DEPR PAGE 88/18 Signed this 2. Pkiday of eluant 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation é bectafbring. Fe, Ce Theodore R. Gay Assistant General Counsel Florida Bar No. 242896 Department of Business and Professional Regulation Office of the General Counsel 8240 N.W. 52nd Terrace, Ste. 304 Miami, FL 33166 (305) 470-6783 ext. 2225 Telephone (305) 470-5781 Facsimile By: pep pate:_ 2-2 2-\O PCP Members: Li Sid Pam A {Sinan TRG/sb GAZ009 Cases\07-036090 Rudge.administrative complaint.doc

Docket for Case No: 10-002921PL