7/28/2011 91:51 8599219186 DEPR PAGE 42/4 STATE OF FLORIDA CLERK «= Evatta Lawson-Proctar DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT ] pute 6/1/2011 File DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, f- 37 71> Petitioner, vs. Case No. 2011-006496 ROBERT E. HOFFMAN, Respondent. a ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (Petitioner), files this Administrative Complaint before the Construction Industry Licensing Board, Division I ¢& TI, 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. Respondent's address of record is 550 Ansin Boulevard, Hallandale, Florida 33009, I Ooo 87/28/2011 61:51 8509219186 DBPR PAGE W3/UY 4. 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 number OB 15580, which is in “current” status. 6. Section 489.1195(1) (b}, Florida Statutes (2020), states a financially responsible officer shall be responsible for all financial aspects of the business organization. 7. On or about duly 13, 2010, Suzanne Franklin, (Complainant), entered into a contract with Rolladen to have hurricane shutters installed on Complainant’s home located at 2901 Southwest 85° Way, Davie, Florida 23328, 8. The contract price was $9,425.00, of which Complainant paid $3,306.00 on July 13, 2010, 9. To date, Rolladen has failed to install the hurricane shutters, 10. To date, Rolladen has failed to deliver Materials . allegedly ordered under the contract. iil. To date, Rolladen has failed to refund any amount of Monies paid by Complainant under the contract. lz. Section 489.129(1) {3}, Florida Statutes (2010), provides for discipline against a licensee for abandoning a construction project in which the contractor is engaged or under contract as a contractor, A project may he presumed abandoned Document in Unnamed 2 97/28/2011 61:51 8589219186 DBPR PAGE Wd/Y 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 te perform work without just cause for 90 consecutive days. 13. Rolladen terminated the project without just cause or without proper notification to the owner. 14. Rolladen failed to perform work without just cause for 90 consecutive days. 15, Rolladen was not entitled to retain the funds under the terms of the contract. 16. Section 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 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 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. 17. Based upon the facts set forth above, Respondent violated Seation 489.129({1)(g)2, Florida Statutes (2010), including but not limited to one or more of the following ways: Decument in Unnamed 3 @7/28/2011 91:51 8589219186 DBPR PAGE 45/09 a) By failing to refund any amount of monies paid by Complainant under the contract after Rolladen failed to install the hurricane shutters; b) By failing te refund any amount of monies paid by Complainant under the contract after Rolladen failed to deliver materials allegedly ordered under the contract. 18. Based upon the foregoing, Respondent violated Section 489.129(1) (g)2, Florida Statutes (2010). WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing oné or 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. (SIGNATURE PAGE FOLLOWS) Recument in Unnamed 4 67/28/2011 91:51 8569219166 DBPR PAGE Signed this 17°” day of May, 2011. PC Found: 04/26/2011 By: Moody, R./Watts, J. Division ITI PC Found: 05/17/2011 By: Evetts, J./Burke, A. Division I Document in Unnamed By: KEN LAWSON, Secretary Department of Business and Professional Regulation Pooja §. Patel Pooja S. Patel Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida (850) 488-0062 Telephone (850) 921-9186 Facsimile 323992202 @6/89 NN )n)imIUT eee ccc ((T.TXEM Gmc @7/28/2011 81:51 8589219186 DEPR PAGE Wf/ iy 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 xepresented by counsel or 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), Plorida Statutes, the . Board, or the Department when thete 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. Decument jin Unnamed , 6

Docket for Case No: 11-003723PL