Jun 26 200? 11:41 B6/ 26/2887 11:25 8589219186 DEPR PAGE 1la/23 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-048994 LUIS A. GARCIA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Indusiry Licensing Board, against LUIS A. GARCIA, (“Respondent”), and says: 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. Respondent is a Registered Plumbing Contractor in the State of Florida, having been issued license number RF11067267. 3. Respondent is registered as doing business as A.P.A. Plumbing Corporation. A.P.A. Phimbing Corporation is a qualified business in the State of Florida, having been issued license number QB42763, 4, Respondent's address of record is 8741 SW 49 St., Miami, Florida 33165. Jun 26 200? 11:41 B6/ 26/2887 11:25 8589219186 DEPR PAGE 11/23 5. The Construction Trades and Qualifying Board for the Miami-Dade County Code Compliance Office (hereinafter “BCCO”) are charged with licensing contractors who practice solely within the jurisdiction of Miami-Dade County, Florida, 6. The BCCO requires all persons engaging in construction contracting in Miami- Dade County, Florida to successfully obtain a Competency Card from the BCCO. To obtain a Competency Card an applicant must submit an application, successfully pass a contractor’s exam or show proof of adequate experience in lieu of a successful examination score, show proof of good credit and insurance coverage, and be approved by the qualifying board of the BCCO. 7. Respondent obtained a fraudulent Competency Card from employees of the BCCO. Respondent failed to submit an application for a Competency Card with the BCCO. Respondent did not take a contractor’s exam or provide proof of experience in licu of the exain, or provide proof of good credit and insurance coverage. In addition, Respondent was not approved by the qualifying board of the BCCO for a Competency Card, 8. In or about June 2005, Respondent submitted to the Department an application for Registration and Qualifying Business License. 9. As part of the application process, the Department required Respondent to submit a copy of his Competency Card from the BCCO, and sign the attest statement on the application that Respondent had successfully completed and attained the requisite education and experience for the Registration and Qualifying Business License. 10. In or about June 2005, at the time Respondent submitted the application, Respondent knew or reasonably knew that Respondent’s Competency Card was fraudulent and the attest statement signed by Respondent was false. Jun 26 200? 11:41 B6/ 26/2887 11:25 8589219186 DEPR PAGE 12/23 11. The fraudulent Competency Card and attest statement were material information submitted by Respondent to the Department. ] 2. In or about June 2005, at the time Respondent filled out the application, Respondent knew or reasonably knew the Department would rely on the fraudulent Competency Card and attest statement in the application in its decision to issue Respondent a Registration and Qualifying Business License. 13. In or about September 2005, based upon the submission of Respondent's fraudulent Competency Card and false attest statement, the Department issued Respondent a Registration and Qualifying Business License. COUNTI 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 15. Rule 61G4-15.008, Florida Administrative Code, states in part that material false statements or information submitted by applicant for registration, or renewal for renewal of registration or submitted for any reissuance of registration, shall constitute a violation of Section 489.129(1)(a), Florida Statutes, and shall result in suspension or revocation of the registration. 16. Based on the Foregoing, Respondent violated Section 489, 129(1)(a), Florida Statutes, by obtaining a certificate, registration, or certificate of authority by fraud or misrepresentation. COUNT i 17. _—‘ Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. Jun 26 2007 11:42 B6/ 26/2887 11:25 8589219186 DEPR PAGE 13/23 18. Section 489.127(1)(d), Florida Statutes, provides in part that no person shall knowingly give false or forged evidence to the board or a member thereof. 19. 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 this part or violating arule or lawful order of the board, by having violated Section 489.127(1)(d), Florida Statutes. COUNT Ill 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 455.227(1)(h), Florida Statutes, by attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board. COUNT IV 22, Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 23. Based on the foregoing, the Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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, Jun 26 2007 11:42 B6/ 26/2887 11:25 8589219186 DEPR PAGE 14/23 and/or any other relief that the Board is authorized to impose pursuant to Chapters 45 5, 489, Florida Statutes, and/or the rules promulgated thereunder. Signed this uk, of ye LA iN b ¢ , 2006. P. Brian Coats, Assistant General Counsel Counsel for Department: E | i E D Department of Business and Professional Regulation Department of Business and AGENCY CLERK Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 CURK Say ody X ec Case No. 2006-048994 oate.J 2-87 2OO0l - PCB/tb PC Found: Decem Division U: Brown Cook

Docket for Case No: 07-002824PL

Orders for Case No: 07-002824PL