Jul 16 2010 15:45 a7/le/28lea 16:34 8589219186 DEPR PAGE 83/12 Department of flusiness and Profesrtonal feguiatior Deputy Agency Clerk LEAK Evette L Proctor Date 66/2010 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2008-038672 ROBERT R. CHACON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, files this Administrative Complaint before the CONSTRUCTION INDUSTRY LICENSING BOARD, DIVISION I, against ROBERT R. CHACON (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, amd Chapters 455 and 489, Florida Statutes. 2. At all times material hereto, Respondent was licensed as a Certified General Contractor in the State of Florida, having been issued license number CGC 9564. 3. Respondent's address of record is 8435 Southwest 2nd Street, Miami, Florida 33144, 4. At all times material hereto, Respondent was the primary qualifying agent for RRC Development Company (“RRC”). GADooument in Unnamed 1 Jul 16 2010 15:45 a7/le/28lea 16:34 8589219186 DEPR PAGE @4/12 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, Mr. Impact Windows, Inc. (“Mr. Impact”) was not licensed pursuant to Part I of Chapter 489, Florida Statutes, to practice construction contracting in the State of Florida. 7. On or about June 5, 2007, Mr. Impact entered into a written contract (“Contract one”) with Joan and/or Arnold Quintane (“Complainant”) to imstall windows on a structure located at 1525 Griffing Boulevard, Biscayne Park, Florida (“Structure”). 8. Contract One contained the statement *RR.C. Development Company’s sole and only responsibility to this agreement is to furnish the permit and complete the installation of the products listed below.” 9. Mr. Impact accepted payment(s) from Complainant pursuant to Contract One. 10. On or about September 5, 2007, Respondent was issued a building permit for the scope of work contained in Contract one by the Village of Biscayne Park. G:\Document in Unnamed 2 Jul 16 2010 15:45 @f/16/2616 15:34 8589219186 DEPR PAGE 85/12 11. Service personnel not licensed pursuant to Part I of Chapter 489, Florida Statutes, to practice construction contracting in the State of Florida installed the windows pursuant to Contract One. 12. On or about February 18, 2008, Respondent and/or RRC entered into a contract (“Contract Two”) with Complainant to reset 19 windows and perform other work at Structure. 13, The value of labor and materials under Contract Two exceaded $2,500.00 and Contract two did not contain a written Statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund. CQUNT ONE 14. Patitioner realleges and incorporates by reference the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 15. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written Statement explaining the consumer’s rights under the Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 16. Based upon the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing to imclude in the contract with Complainant a written explanation of the Florida G:\Document in Unnamed 3 Jul 16 2010 15:47 a7/le/28lea 16:34 8589219186 DEPR PAGE §6/12 Homeowners Construction Recovery Fund, as required by Section 489.1425, Florida Statutes. COUNT TWO 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 18. Section 489.127(4)(c), Florida Statutes states: “A certified or registered contractor authorized by a local construction regulation board to do contracting, mey not apply for or obtain a huilding permit for construction work unless the certified or registered contractor, or contractor authorized by a lecal construction regulation board to do contracting, oer business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application Or permit.” 19. Based upon the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating @ rule or lawful order of the board by failing to comply with Section 489.127(4) (c), Florida Statutes. G:\Document in Unnamed 4 Jul 16 2010 15:47 a7/le/28lea 16:34 8589219186 DEPR PAGE @7/12 COUNT THREE 20, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through thirteen as though fully set forth herein, 21. Based upon the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists A person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. 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 délineated 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:\Doctimont in Untamed 5 Jul 16 2010 15:47 a7/le/28lea 16:34 8589219186 DEPR PAGE 8/12 Signed this 25" day of May, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: Kyle Christopher Kyle Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Requilation Office of the General Counsel. 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488+0062 Telephone (850) 921-9186 Facsimile PCP Date: 05/25/2010 Members: Cathey/Cox G\Documont in Unaated 6

Docket for Case No: 10-005820PL