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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs RODNEY CHARLES ROWLAND, 15-004712PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004712PL Visitors: 12
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: Jun. 17, 2024
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
Source:  Florida - Division of Administrative Hearings

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