FILED

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rlep1.1ly A!;!"ncy Clerk

CLERK VOIie Lav,, q.frPrQ!l!Qf

o..i.. 11110/2010

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STA'l'E; OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEP.A.R'!MENT OF B't.JSINESS AND

PROF'ESSIONAL REGULATION,

Petitioner,

V, Case No. 2010-17312

JOSE J. PEREZ SR.,

D/B/A PEREZ ROOFING,

Respondent.

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ADMINISTRATIVE COMPLAINT

l?etitioner, DEPARTMENT Oh"' BUSINESS AND PROFESSIONAL

REGULATION', ("Petitioner"), files this Administrative Complaint

before Division II of the Construction Industry Licensing Board, against JOSE J. PEREZ SR, 1 ( "Respondent") 1 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. At all times material to this Comp l a i nt 1 Respondent was licensed to practice as a certified Roofing Contractor, within the state of Florida, pursuant to Chapters 455 and 489, having been issued license number CCC 058340 which is curr ntly in ("current, active") status.

3. Respondent 1 s address of record with the Department is

   8506 North Mulberry s tr eet 1 Tampa, F'lorida 33604.

   
   

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4. At all times materi<'ll to this complaint, Respondent was the primary qualifying' agent for, and doing business as, J?erez Roofing.

5. Section 489,1195 (11(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, On or about May 19, 2009, Larry Speckener, homeowner, contracted with Respondent to re-roof a residence located at 5912 Bob Smith Avenue, Plant City, Florida for $4,818.18 hereinafter 1 speckner Projectn).

7. Respondent was paid a total of $2,568.32 or

approximately fifty three percent (53%) of the contract price by Larry Speckner.

8, Work never commenced on the Speckner project.

9, At all times material, the percentage paid of the contract price exceeded the percentage of contracted work completed at the time of abandonment.

10, Respondent was not entitled under the terms of the contract to retain any money he received from Speckner above the amount completed on the contract.

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1. To date, Respondent !ailed to return any money to Speckner which Respondent received above the amount completed on the contract.

   COUNT ONE

   
   

2. Petitioner realleges and incorporates by reference the allegations set !orth in paragraphs (1) through (11) as though fully set forth herein.

3. Section 489.126121 (b), Florida statutes, states

   
   

   that:

   
   

   A contractor who receives as initial payment money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must: Start the work within 90 days after the date all necessary permits for work, if any, are issued.

4. Section 489.129(1) Iii, Florida Statutes, provides disciplinary action for failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board.

15, Based upon the facts set forth above, Respondent violated Section 489.129(1)(i), Florida Statues, by accepting over ten percent (10%) of the contract price and failing to commence work on the project within 90 days.

1. Based on the foregoing, Respondent violated Section 489.129(1) (ii, 'lorida Statutes, by failing to comply with Section 489,12612) lb), Florida statutes, in that Respondent

   
   

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   accepted over ten percent (10%) of the contract price and failed to commence work on the project within 90 days.

   COUN'l' TWO

   
   

2. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as though fully set forth herein.

3. Section 489.129(1)(g)2, Florida Statutes, provides for discipline against a licensee if:

   The contractor has abandoned the customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment.

   
   

4. Respondent violated Section 489.129(1) (g)2, Florida Statutes, by accepting approximately $2,568,32 of the contract price for the Speckner Project, abandoning the Speckner Project by failing to commence work on the project, and failing to return Speckner's payment for the project.

5. Based on the foregoing, Respondent violated Section 489.129(1)(g)2 1 Florida statutes, by accspting approximately

   $2,568,32 of the contract price for the Speckner f'roject, abandoning the Speckner project, and thereafter failing to return any money to Speckner for the project.

   COUNT THREE

   
   

   
   

   set

6. Petitioner reallges and incorporates forth in paragraphs d,ne (1) through eleven

   the allegations

   (11) as though

   fully set forth herein.

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7. Section 489.129(1) (j), Florida Statutes, provides for discipline against a licensee for abandoning a construction project in which the contractor is engaged or under contract as a contractor.

8. Respondent violated section 489.129(1) (j), Florida Statutes, by failing to perform work on the Speckner Project for a period greater than 90 days without just cause or proper notification.

9. Based on the foregoing, Respondent violated section 489.129(1) (j)1 Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor.

   COUNT FOUR

   
   

10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as though fully set forth herein.

11. Section 489.129(1)(m), F'lorida Statutes, provides for discipline against a licensee for committing incompetency or misconduct in the practice of contracting.

12. Respondent violated Section 489.129(1)(m), statues, in one or more of the following ways:

    Florida

    1. By abandoning a construction project in violation

       
       

       of Section 489.129(1) (j), Florida Statutes.

       
       

       
       

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    2. By committing financial mismanagement or misconduct in the practice of contracting in violation of section 489.129(1) (g)2, Florida Statutes.

13. Based on the foregoing, Respondent violated Section 489,l29(1)(m), Florida statutes, by failing to comply with Section (s) 489.129 (1) (i), 489.129 (1) (j), 489,l.29 (1) (g) 2, Florida Statutes.

WHEREFORE, Petitioner respectfully requests the Cornstruction Industry Licensing Board enter an Order impo1,ing one or more of the following penal ties: 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 $5, 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, F'lorida Statutes, and/or the rules promulgated thereunder.

(Signature Page to Follow)

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DBPR v. l?erez

2010-017312

Pg, 7/9

Signed this  26th day of  o_c t o b e r=-----' 2010.

CHARLIE LIEM, Secretary Department of Business and Professional Regulation

'Iliomas r:amp6e([            

Thomas Campbell Fl. Bar No. 71589

Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel

1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

(850)488-0062 Telephone

(850)921-9186 Facsimile

PC Found 10/26/2010

Members: Engelmeier/Moody

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NOTICE OF RIGHTS

Respondent has the right to request a hearing to be

conducted Florida

in accordance statutes, to be

with Sections represented

120.569 and by counsel or

120.57,

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), }"lorida 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 time, against the Respondent in addition to any other discipline imposed.

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Jan 24 2011 10:18

01/23/2011 22:18 8509219185 DBPR PAGE ll/ll

Docket for Case No: 11-000427