STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD

DIVISION I

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DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION,

Petitioner,

v. Case No . ·

JUAN C. ARBOLEDA D/B/A

L & A MAINTENANCE·, INC. ,

Respondent.

2007-064560

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ADMINISTRATIVE COMPLAINT

Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION, ("Petitioner") files this ·Admi ni s tr a t i ve Complaint against JUAN C. ARBOLEDA ("Respondent") D/B/A L & A MArNTENANCE, INC. ("L & A") and says:

1. Petitioner is th_e s t a t e agency charged with regulating

   
   

   the practice of contracting pursuant to S ction 20.165·,Florida

   Statutes, and Chapters 45 5. and 489, Florida Statutes.

   
   

2. Respondent hereto, a Cer t i f i e_d

   _i s , and has been at all . times · material

   General Contra.ctor, in t he· State of Florida,

   having been issued license nu.mber CG Cl508565, 't-)7hich is current and active.

3. Respondent's address of r _e c or d is 5017 Tr ydale Road,

   
   

   Tampa, Florida 33615.

   
   

   G:\OOC\prendelman\ACs\Arboleda2007•064S60,CRI F,119 (2)(d),(g)(2j,)(o).doc

   
   

   Filed August 23, 2011 3:46 PM Division of Administrative Hearings

   
   

4. At all times material hereto, Respondent was the primary qualifying agent for L & A, which has· a certificate of authority,.QB.number 38369, wbich is cu:r:rently delinqqEint.

   l

5. Section 489.1195(1)(a), Florida Statutes, provides

   J . that all primary qualifying agents for a ):)usiness 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 January 10, 2007, Barbara Skinner ("Complainant") entered into a contract with Respondent for. the

   .installation of.hurricane straps and other work to a residential structure located at 1731 Doubloon Drive, Holiday, Florida 34690. On or about January 18, 2007, Complainant entered into another contract with Respondent for the installation of a rubberized roof system and other work to a residential structure located at 1731 Doubloon Drive, Holiday, Florida 34690.

7. The total price of the _two contracts was $29,766.00, of which amount Respondent and/or L & A accepted approximately

   $28,635.00.

8. The contracts did not contain a statement explaining the consumer'·s rights under the Florida Homeowners' Construction Recovery Fund.

9. L & A has been issued a qualified business license, QB

   G:\OGClprendleman\ACs\Arboleda2007-064S60,CIRF,ll9(2)(d),(g)2,G)(o).doc 2

   
   

   38369, which is currently delinquent.

   
   

10. No permit was obtained for the projects.

--lL- Resp.on,demt --commenc;ed construction"' _,on ...both _ projects,... but abandoned the projects by failing to perform work without

I just cause for 90 consecutive days.

1. At. the time Respondent abandoned the projects, the percentage of completion was less than _ the percentage of the total contract price paid by Complainant at· the time of-

   abandonment_.-

   
   

   COUNT ONE

   
   

2. Petitioner_ realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein.

3. Section 489 .1425, Florida Statutes, states th_at any agreement· or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer's rights under the Florida Homeowners' Construction Recovery _Fund, except where the . value of all labor and materials does not exceed $2,500.00.

4. Based on the 489.129(1) (i), Florida

   foregoing, Respondent violated section Statutes, by failing in any material

   respect to comply with the· provisions of Chapter 489, ];'art I, - Florida Statutes, or violating a rule or lawful order of the board, by having violated section 489.1425, Florida Statutes.

   G:IOGC\prendleman\ACs\Arboleda2007-064560,CIRF,I J 9(2)(d),(g)2,(j)(o).doc 3

   
   

   COUNT TWO

5. Petitioner realleges and incorporates the allegations set &ort•l'i. ,.in paragraphs. one through twelve. a,s"-"thou_gh,-,fully set forth herein.

6. Section 489.119(2), Florida Statutes, provides·in part

   
   

   that a certificate of authority must be renewed every 2 years.

   
   

7. Based on the foregoing, Respondent violated section 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 41;!9, Part I, Florida Statutes, or violating a rule or lawful order of the

   board, by having violated section 48.9.119 (2) (d), Statutes.

   Florida

   COUNT THREE

8. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve. - as though-·fully set forth herein.

9. 
   

   Section

   Based upon the 489.129(1) (g)2.,

   foregoing, Florida

   the Respondent Statutes, by

   violated committing

   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 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 O:IOGC\prendlemanlACs\Arboleda2007-064560,CIRF,119(2)(d),(g)2,0)(o).doc 4

   
   

   such funds under the terms· of the contract or refunds the excess funds within 30 days after the job is abandoned .

   ••• c;.•;.,•"·'·'•'· .• ·~····'·:, . .,;,,.,-COUNT FOUR,·, .. ·,,.·"··d'...• .. ·

   
   

10. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein.

11. Based· on the foregoing, Respondent violated section 489.129(1)(j), Florida Statutes, by abandoning 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 owner, including the reason for termination, or fails to perform work without just cause for

    90 consecutive days.

    
    

    COUNT FIVE

    
    

12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein.

13. Based on the foregoing, Respondent violated section 489.129(1) (o), Florida Statutes, by proceeding on a job without obtaining applicable local bu'ilding department permits and inspections.

    COUNT SIX

    
    

14. Petitioner realieges and incorporates the allegations

G:\OGC\prendleman\ACs\Arboleda2007-064560,CJRF,l19(2)(dMg)2,0)(o).doc s

set. forth in paragraphs one through twelve as . though fully set forth herein.

,,26. Based on -the foregoing, Respondent •.1.1.iol.c1.ted.. sectiqn 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting.

WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing 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 certificate of registration,· require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing ed1,Jcation, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section

455.227 (2), Florida Statutes,· and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder.

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Signed this

·z.cd

--<-'----

day of

PC Found: December 2 2008

»iv.'i:'stewart"&''i;i.eJ'liau·"·, · · ·

f(yle !)avid Chris:topher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel

1940 .N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220

(850) 488-0062 Telephone

(850) 921-9186 Facsimile

G:\OGC\prendlemanlACslArboleda2007·064560,CIRF,119(2)(d),(g)2,G)(o).doc 7

Docket for Case No: 11-004339