Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: RODNEY CHARLES ROWLAND
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 19, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 13, 2015.
Latest Update: Jan. 22, 2025
FILED
Bepartnent of Business any Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT poe 3/9/2045
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case No. 2014-027883
RODNEY CHARLES ROWLAND,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation
(“Petitioner”) files this Administrative Complaint before the
Construction Industry Licensing Board, Division I, against
Rodney Charles Rowland (“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 hereto, Respondent was licensed
as a Certified. Building Contractor in the State of Florida,
having been issued license number CBC 1257930.
3.. Respondent's address of record is 1142 Woodland
Terrace Trail, Altamonte Springs, FL 32714.
4. At all times material hereto, Respondent was the
primary qualifying agent of Rowland Home Building and
Contracting Services, LLC (“Rowland Home Building”).
5. Section 489.1195(1) (a), Florida Statutes, provides
Chat all primary qualifying agents for a business 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 July 30, 2013, Respondent and/or Rowland
Home Building entered into a written contract with Dominick
Salfi (“Complainant”) for construction of an addition to
Complainant's residence.
7. Complainant’s residence is located at 340 Markham
Woods Rd., Longwood, FL 32779.
8. The contract price was $106,604.37, of which
Respondent and/or Rowland Home Building accepted approximately
$41,220.47.
9. Respondent and/or Rowland Home Building ceased work
and failed to perform any work under the contract for a period
of greater than 90 consecutive days without just cause.
10. At the time Respondent and/or Rowland Home Building
ceased work under the contract, the percentage of completion was
less than the percentage of the contract price paid to
Respondent and/or Rowland Home Building by Complainant.
11. Respondent and/or Rowland Home Building was not
entitled under the contract to retain the excess funds paid by
Complainant, and to date has not refunded the excess funds.
COUNT ONE
12. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through eleven as though fully set
forth herein.
13. Based upon the foregoing, Respondent violated section
489.129(1) (4), Florida Statutes (2013), by abandoning a
construction project in which the contractor is engaged or under
contract as a contractor.
COUNT TWO
14, Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one through eleven as though
fully set forth herein.
15. Based upon the foregoing, Respondent violated section
489.129(1) (g)2., Florida Statutes (2013), by abandoning a
customer’s job when the percentage of completion was less than
the percentage of the total contract price paid to the
contractor.
WHEREFORE, Petitioner respectfully requests the
Construction Industry Licensing Board enter an Order imposing
one 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.
Signed this 24% day of February, 2015.
KEN LAWSON, Secretary
Department of Business and
Professional Regulation
By: W. Justin Vogel
W. Justin Vogel
Assistant General Counsel
Florida Bar No. 112261
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-2202
(850) 717-1795 Telephone
(850) 921-9186 Facsimile
Probable Cause Found 02/24/2015
By: Evetts/Burke
NOTICE OF RIGHTS
Please be advised that. mediation under section 120.573, Florida
Statutes, is not available for administrative disputes involving this
type of agency action.
Please be further advised that 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
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 21 days of receipt of an
agency pleading, Respondent waives the right to request a hearing on
the facts alleged. Any request for an administrative proceeding to
challenge or contest the charges contained in the Administrative
Complaint must conform to rule 28-106.2015, Florida Administrative
Code.
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 related to the
investigation and prosecution of the case excluding costs associated
with an attorney's time, against Respondent in addition to any other
discipline imposed.
Docket for Case No: 15-004712PL
Issue Date |
Proceedings |
Oct. 13, 2015 |
Order Closing File. CASE CLOSED.
|
Oct. 13, 2015 |
Petitioners Pre-Hearing Statement filed.
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Sep. 28, 2015 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Aug. 31, 2015 |
Order of Pre-hearing Instructions.
|
Aug. 31, 2015 |
Notice of Hearing by Video Teleconference (hearing set for October 21, 2015; 9:30 a.m.; Orlando and Tallahassee, FL).
|
Aug. 26, 2015 |
(Petitioner's) Unilateral Response to Initial Order filed.
|
Aug. 20, 2015 |
Notice of Petitioner's First Request for Admissions filed.
|
Aug. 20, 2015 |
Initial Order.
|
Aug. 19, 2015 |
Election of Rights filed.
|
Aug. 19, 2015 |
Administrative Complaint filed.
|
Aug. 19, 2015 |
Agency referral filed.
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