ha! ow) fy . % ot STATE OF FLORIDA » DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI ib ig by, CONSTRUCTION INDUSTRY LICENSING BOARD SLY 0, @. ¢ DIVISION I ne ie e Vy DEPARTMENT OF BUSINESS AND PE.OFESSIONAL REGULATION, Petitioner, OO Q7¢6 Case No. 98-22427 MEHRDAD SHAHGODARI, Respondent. / TE mt ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint b:fore the Construction Industry Licensing Board, against MEHRDAD SHAHGODARI, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating tne practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number CG c047089. hae! 1S) 3. Respondent's last known address is 2161 NE 35 Street, | Lighthouse, Florida 33064. 4. At all times material hereto, Respondent was the licensed qualifier for A Max Construction Corp (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. COUNT I 5. Petitioner realleges and incorporates the allegations sez forth in paragraphs one through four as though fully set forth in this Count I. 6. at no time material hereto, was Robert Harrison d/b/a Hacrison Marine Construction, Inc., registered, certified, properly qualified, or licensed to practice contracting in the State of Florida, nor did that name appear on Respondent’s license. 7. On or about June 11, 1996, Udo Kessler (hereinafter referred to as “Customer”) contracted with Robert Harrison d/b/a Harrison Marine Construction, Inc. (hereinafter referred to as “Unlicensed Contractor”) to replace a 65-foot seawall at his residence located at 2711 NE 17** Street, Ft. Lauderdale, Florida, for Twenty-Three Thousand, Eight Hundred dollars ($23,800.00). 8. On or about January 3, 1997, the Contractor applied for ard obtained permit number 97010102 from the City of Ft. had 1 "Lauderdale, Florida, for the construction of the seawall for the Customer’s residence. : 9. The Customer paid the Unlicensed Contractor the full contract price. 10. The Contractor knew or should have known that the Unlicensed Contractor was not properly registered, certified, qualified, or licensed to practice contracting in the State of Florida. 11. Based on the foregoing, the Respondent violated Section 4€9.129(1) (e), Florida Statutes (1995), by performing any act which assists a person or entity in engaging in the prohibited urcertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT IIT 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four and six through ten as though fully set forth in this Count II. 13. The Contractor certified to the City of Ft. Lauderdale Building pepartment that he was the Contractor of record for the Customer’s project and that the work would be performed in accordance with the laws of the State of Florida and the City of Fi. Lauderdale. hae Nw) 14. The foregoing constitutes a misleading, deceptive, or fraudulent representation made in or related to the practice of the Contractor’s profession. 15. Section 455.227(1) (a), Florida Statutes (1995), provides that a licensee may be disciplined for making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession. 16. The foregoing constitutes a violation of Section 455(1) (a), Florida Statutes (1995). 17. Based on the foregoing, the Respondent violated Section 489.129(1) (c), Florida ‘Statutes (1995), by violating any provision of chapter 455. COUNT IIT 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through ten and thirteen through sixteen as though fully set forth in this Count III. 19. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to engage in business as a business organization, including any partnership, corporation, business ' trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is) doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a had Ww ‘qualifying agent and under a fictitious name, if any.” 20. The Contractor failed to obtain a qualifying certificate of authority in violation of the foregoing Section of Chapter 489, Florida Statutes. 21. Based on the foregoing, the Respondent violated Section 48€.129(1) (3), Florida Statutes (1997), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. WHEREFORE, Petitioner respectfully requests the Cor.struction 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 $5,000 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 . i) ro) Statutes, and/or the rules promulgated thereunder. Signed this eg day of Avy oot , 1999, G.W. HARRELL, CHIEF ATTORNEY Lamm A K dora COJNSEL FOR DEPARTMENT: Diane Snell Perera F | | E D Senior Attorne f 7 Deot. of Bus. i Prof. Reg. Department of Business and Professional Regulation 401 NW 2 Avenue #N607 DEPUTY CLERK Miami, FL 33128 ; (305) 377-7115 seme ardent Michele DSP/sb Vp b qq 5/13/99 C DATE ZB - \ - Case #98-22427 REP | on 28/94 loca eiee « Stes

Docket for Case No: 00-002740PL