i0-23-0] PY STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Final Order No. BPR-2002-00576 Date: FILED 2-12-02 Department of Business and Professional Regulation DEPARTMENT OF BUSINESS AND AGENCY CLERK PROFESSIONAL REGULATION, Sarah Wachman, Agency Clerk Petitioner, By: taba £ -vs- ‘CASE NOS:: 98-18556 98-22295 . 99-04524 OSCAR S. BENITEZ, DOAH CASE NOS.: 01-0366PL 01-0367PL Respondent. LICENSE NO.: CG C007009 FINAL ORDER THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(1)(I), F.S., on January 10, 2002, in Tampa, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) issued by the Administrative Law Judge in the above styled case and The Exceptions to the Recommended Order filed by both Petitioner and Respondent. The Petitioner was represented by Robert A. Crabill, Esq. The Respondent was not present nor was he represented by Counsel at the Board meeting. Upon consideration of the Administrative Law Judge’s Recommended Order, the Exceptions filed by both parties, and the arguments of the parties and after a review of the TOP-ChLys Progen re TONE complete record in this matter, the Board makes the following findings: RULINGS ON EXCEPTIONS 1. The Board reviewed the exception filed by Petitioner to the recommended penalty of the Administrative Law Judge of temporary revocation and accepts that exception. Revocation is permanent in nature and cannot be temporary. 2. The Exceptions filed by Respondent are REJECTED, as improper reargument of — the case. Not a single exception asserted that any finding of fact made by the Administrative Law Judge was not supported by competent substantial evidence in the record. Rather, Respondent merely wished to reargue his position in the case and that constitutes improper use of exceptions. Further, the Board adopts the Responses to Respondent’s Exceptions to Recommended Order, filed November 13, 2001, as its responses to each of the exceptions filed by Respondent. FINDINGS OF FACT 1. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is clear and convincing evidence to support the Administrative Law Judge’s Findings of Fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted in toto and incorporated herein by reference. 3. Respondent is guilty of violating Sections 489.129(1}(f),(h),{k), and (p), Florida Statutes. 4. There is clear and convincing evidence to support the Board’s findings and SRR eee nserenrrr eee RE ee Aaa OO sl SOCCER Tae RRR org ee SUSE EES RECT 2 TEPER OT conclusions. THEREFORE, IT 1S ORDERED AND ADJUDGED: 1. Respondent’s license is hereby REVOKED. 2. Respondent shall pay an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and costs in the amount of Two Thousand Seven Hundred Eighty-Five Dollars and Ninety-Seven Cents ($2,785.97) to the Board, and restitution to Juan Piloto and Lourdes Cordeiro-Piloto the amount of Nineteen Thousand One Hundred Sixty-Four Dollars and Seventy-Three Cents ($19,164.73), and to Maricel Alayon the amount of Three Thousand Five Hundred Seventy-Five Dollars ($3,575.00). Said fine, costs and restitution shail be paid withinthirty (30) days after the date of filing of the Final Order. In addition, the Respondent will be required to pay interest on fines due to the Board at a rate of 18% per annum, beginning on the thirty-first {31st) day after the issuance of the Final Order. A change in your licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of your license does not relieve you of your obligation to pay any fines, costs, interest, or restitution imposed in this order. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing an original Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. "OTRO TEE MRRP RPE OEE IRE ERE TR This Order shall become effective upon filing with the clerk of the Department of Business and Professional Regulation. DONE AND ORDERED this <@* dayof_ Febeuar 4 , 2002. =. SY . fe heme RE SUSAN STOKES, Chair Construction Industry Licensing Board ‘ | k CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has , been provided by U.S. Mail to: Oscar S. Benitez, 4223 S. Semoran Boulevard, Unit 5, Orlando, Florida 32822; to J.D. Parrish, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, ‘ Florida 32399-3060; by hand delivery/United States Mail to the Construction Industry ; Licensing Board, 1940 N. Monroe Street, Tallahassee, Florida 32399-1039, and to Robert E A. Crabill, Esq., Lead Construction Attorney, Office of the General Counsel, 1940 North ' Monroe Street, Suite 60, Tallahassee Florida 32399, on or before 5:00 p.m., this 1a day of Fewcdary , 2002. Fae creer

Docket for Case No: 01-000366PL

Orders for Case No: 01-000366PL