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FILED
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Deputy Ag!!nQ)' C11c'rk
CLERK E"""" L•vn•r>-Prootor
D"" 6/1/2011
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND l?ROFESSIONAL REGULAT
DE,PARTMENT OF BUSINESS AND l?ROFESSIONAL REGULATION,
Petitioner,
ROBERT E. HOFFMAN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, (Petitioner), files thi.s Administrative Complaint before the Construction Industry Licensing Board, Division I " II1 against Robert E. Hof.frnan, (Respondent), a.nd alleges:
PetJ.tioner 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.
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.
Respondent's address of record is 550 Ansin Boulevard, Hallandale, Florida 33009.
Dooum¢nt in Unnamed
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At all times material to this Complaint, Respondent was the construction financial officer for Rolladen, Inc., (Rolladen) .
Rolladen is a qualified business entity having been issued license n.umber QB 15580, which is in "current" status.
6, Section 489.1195 (1) (b), Florida Statutes (2010), states a financially responsible officer shall be responsible for all financial aspects of the business organization.
7. On or about July 27, 2010, Michael Kozlowski, (Complainant), entered into a contract wi.th Rolladen to have hurricane shutters installed. on Complainant's home located at 3175 Northeast 4 S"' Court, Unit #203, Lighthouse Point, Florida 33064.
8, The contract price was $2,700.00, of which Complainant paid $2,160.00, On July 27, 2010, compl.ainant paid $1,080,00 towards the contract price. On September 14, 2010, Complainant paid $1,080.00 towards the contract price.
To da.te, Rolladen has failed to install the hurricane shutters.
To date, Rolladen has failed to deliver materials allegedly ordered under the contract.
11, To date, Rolladen has failed to refund any amount of monies paid by Complainant under the contract.
Dooumcnt In Unnnmcd
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12. Section 489.129(11 (j), Florida Statutes (2010), provides for discipline against a licensee for abandonJ.ng a 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 own.er, 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
without proper notification to the owner.
Rolladen failed to perform work without just cause for
90 consecutive days,
Rolladen was not entitled to retain the funds under the terms of the contract.
Secti.on 489,129 (1) (g) 2, Florida. statutes (2010), provides for discipline against a licensee for mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has a.bandoned a _customer's job and the percentage of completion is less that than the pe.r.centage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned.
l)oet1mcnt l:, Unnamed 3
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Based upon the facts set forth above, Respondent violated Section 489.129(1) (g)2, Florida Statutes (2010), including but not limited to one or more of the following ways:
By failing to refund any amount of monies paid by Complainant unde;,; the contract after Rolladen failed to install the hurricane shutters;
By failing to refund any amount of monies paid by Complainant under the contract after Rolladen failed to deliver materials allegedly ordered under the contract.
Based upon the foregoing, Respondent violated Section 489,129(1) (g)2, Florida Statute:;; (2010).
WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Boa.rd enter a.n. Order imposing one or more of the foll.owing penal ties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewa.l of the certifica.te 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 ei.uthorized to impose pursuant to Chapters 48 91 4.55, Florida Statutes, and/or the rules promulga.ted thereunder.
Dooum<mt in Unnamod 4
Signed this 17th day of May, 2011.
KEN LAWSON, Secretary Department of Business and
Professional Regulation
Pooja s. Patel
Assistant Gene.ral Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe street, suite 42
Tallahassee, Florida 32399-2202
(850) 488-0062 Telephone
(850) 921-9186 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 right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other quali.f.ied 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 hearJ.ng ie requeeted, Rule 28-106.J.11, Florida Administrative Code, providee in part that if Respondent fails to request a hearing wi.thin twenty-one (21) days of receipt of an agency plea.ding, Respondent waives the right to request a hearing on the facts a.lleged.
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 the Department when there is no Board, may assess costs relatsd to ths 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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