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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
Peti.tioner,
vs. case No. 2011-006185
ROBERT E. HOFFMAN,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Peti.tioner, DEPARTMENT OF BUSINESS AND PROFESSlONAL
REGULATION, (Petitioner), files this Administrative Complaint before the Construction Industry Licensing Board, Division I & II, against Robert E. Hoffman, (Respondent), and alleges:
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.
At all times material to this Complaint, Respondent was licensed to practice contracting within the state of Florida pursua.nt to Chapters 455 and 489, Florida statutes, ha.ving been issued license number FRO 4620, which is in a "current" status.
Respondent's addr,ess of record is 550 Ansin Boulevard, Hallandale, Florida 33009.
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At all times material to this Complaint, R,;,spondent was th,;, construction financial officer for Rolladen, Inc., (Rol.J.ad,;,n) .
Rolladen is a qualified business entity having b,;,,;,n
issued license number QB 1 5 58 0 1 which is in "current" status.
6. Section 489, 1195 (1) (b), Florida Statutes (2009-2010), states a financially responsible officer shall be responsible for all financial aspects of the business organization.
On or about June 26, 2010, Joy Surrusco, (Complainant), entered into a contract with Rolladen to have hurricane shutters installed on Complainant's home located at 5706 Northwest 7 0t h Terrace, Tamarac, Florida 33321.
The contract price was paid $2,630.00. On July 7,
$3,286.00, of which Complainant 2010, Complainant paid $1,315.00
towards the contract price. On July 26, 201 01 Complainant paid
$1,315.00 towards the contract price.
To date, Rolladen has failed to install the hurricane shutters.
To date, Rolladen has failed to deliver materials allegedly ordered under the contract.
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 discipli.ne against a licensee for abandoni.ng a
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construction project in which the contractor is engaged or under contract as a contractor. A projact 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.
Rolladen terminated the project without just cause or without proper notification to the owner.
Roll.aden failed to perform work without just cause for
90 consecutive days.
J.5. Rolladen was not anti tJ.ed to retain the funds under the terms of the contract.
l6. Section 489.129(1) (g)2, E'l.orida Statutes (2009-2010), provides for discipline against a licensee for mismanagement or misconduct in the practice of contracting that causes fi.n.ancial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has aba.ndoned 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, i.in.J.ess the contractor is entitled to retain such funds under the terms o:F. the contract or refunds the excess funds within 30 days a.fter the job is abandoned.
boc ment in Unnam 3
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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:
By failing to refund any amount of monies paid by Complainant under the contract after Rolladen failed to install the hurricane shutters;
By failing to refund a.ny amount of monies paid by Complainant under the contract after Rolladen failed to deliver material,;; all.egedly ordered under the contract.
Based upon the foregoing, Respondent violated Section
489.129 (l.) (g)2, Florida Sta.tutes (2009-2010).
WHEREFORE, Petitioner re,apectfully requests the Construction Industry Licensing Board enter a.n Order imposing one or more of the following penalties; place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewa.l 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 piosecution, 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 thereund.er.
Document lr'I Unnamed
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Signed this 17th day of May, 2011.
KEN LAWSON, Secretary Department of Business and
Professional Regulation
By: Pooi"'"a""S'-<.P,=-a"'t"".e['-- _
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 32399-2202
(850) 488-0062 Telephone
(850) 921-9186 Facsimile
PC Found: 04/26/201J. By: Moody, R./Watts, J. Division II
PC Found: 05/17/2011
By: Evetts, J./Burke, A. Division I
Document !l.t"I Unnamed 5
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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 J.20.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecurn issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida AdrnJ.nistrative Code, provides in part that if Re1,ponctent 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 REGAADING ASSESSMENT OF COSTS
Respondent i1, 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 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.
Document :1,n Unnamed 6
