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STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT

DE,JJARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

JJetitioner,

vs. case No. 20ll-005986

ROBERT E. HOFFMAN,

Respondent. !

ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION, (Petitioner), files this Administrative Complaint before the ConstructJ.on Industry Licensing Board, Division I & II, against Robert E. Hoffman, (Respondent), and alleges:

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 Complaint, Respondent was licensed to practice contracting within the State of Florida pursuant to Chapters 455 and 489, Florida Statutes, having been issued license number FRO 4620, which is in a "current" status.

3. Respond.ent' s address of record is 550 AnsJ.n Boulevard, Hallandale, Florida 33009.

   
   

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4. At e1ll times me1terie1l to this Complaint, Respondent was the construction financial officer for Rolladen, Jnc., (Rolladen).

5. Rolladen is a qualified business entity having been

issued license number QB 15580, which is in "current" status.

6. section 489.1195(1)(b), Florida Statutes (2009-2010), state:, a financially re:aponsible officer shall be responsible for all financial aspects of the business organization.

1. On or about June 51 20101 Nivea Maymi, (Complainant),

   
   

   entered into a contract with Rolladen to have hurricane shutters installed on Complainant's home located at 15231 Wilshire Circle South, Pembroke Pines, Florida 33027.

2. The contract price was $6,486.00, of which Complainant paid $5,190.00. on June 5, 2010, Compla;i.ni;lnt paid $2,595.00 towi;!rds the contract price. On July 20, 2010, Complainant pi;!id

   $2,595.00 towards the contract price.

   
   

3. To date, Rolladen has ti;!iled to install the hurricane shutters.

4. To date, Rolladen has failed to deliver materials allegedly ordered under the contract.

5. To date, Rolladen has failed to refund any amount of monies paid by Complainant under the contract.

12. Section 489.129(1) (j), Florida statutes (2009-2010), provides for discipline against a licensee for abandoning a

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construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.

13. Rolladen terminated the project without just cause or wi,thout proper notification to the owner.

J.4. Roll.aden failed to perform work without just cause for

90 consecutive days.

1. Roll.aden was not entitled to retain the funds under the terms of the contract.

   16. Section 489.129 (1) (g) 2, Florida Statutes (2009-2010), provides for discipline against a licensee for mismanagement or misconduct in the pra,ctice of contracting that causes fin.ancial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contra,ctor is entitled to retain such funds under the tei:-ms ot the contract or refunds the excess

   funds within 30 days after the job is abandoned.

   
   

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   17, Based upon the facts set forth above, Respondent violated Section 489.129(1) (g)2, Florida Statutes (2009-2010), including but not limited to one or more of the following ways:

   1. By failing to :i:efund any amount of monies paid by Complainant under the contract after Rolladen failed to install the hurricane shutters;

   2. By failing to refund a.ny amount of monies paid by Complainant under the cont:i:act after Rolladen failed to deliver materials allegedly ordered under the contract.

18. Based upon the foregoing, Respondent violated Section

Construction Industry LJ.censing Board enter an Order imposing one or more of the following penal ties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certifJ.cate or registratJ.on, require financia.l res ti tut ion 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), FJ.orida Statutes, and/or any other reJ.i.e:e that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder.

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Signed this 17th day of May, 2011.

KE,N LAWSON, Secretary Department of Business and

Professional Regulation

By: Poofa S. Patel                          

Pooja S. Patel

Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Sul.te 42

Tallahassee, Florida 32399-2202

(850) 488-0062 Telephone

(850) 921-91815 Facsimile

PC Found: 04/26/2011 By: Moody, R./Watts, J. Division II

PC Found: 05/17/2011

By: Evetts, J./Burke, A. Division I

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NOTICE OF RIGHTS

Respondent has the conducted in accordance Florida Statutes, to be

right to request a hearing with Secti.ons J.20.569 and

represented by counsel or

to be 120.57,

other

qualifJ.ed representative, to present evj,dence and argument, to

call and cross~examine witnesses and to have subpoenas and subpoenas duces tecum issued on hi,:; 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 Boa,rd, 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.

6

Docket for Case No: 11-003717PL