. , ‘ C~ Ned FILED | 00 JUL -5 AMIN: 45 DIVISION ADMINISTRATIVE STATE OF FLORID HEARINGS : A DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . 0 0 O7 ba p L- vs. ; Case No. 99-03935 ADRIAN A. BIAS, Respondent. | ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ADRIAN A. BIAS, ("Respondent"), and says: pursisanit to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, 4 Certified Roofing Contractor, in the State of Florida, having been issued license number cc C057113. 3. Respondent's last known address is 17801 Scarsdale Way, Boca Raton, Florida 33496. 1. Petitioner is the state agency charged with regulating the practice of contracting - i has . a . — w wv) 4. At all times material hereto, Respondent was the licensed qualifier for Prudential Roofing Contractors, Inc. ("Contractor"). 5. Section 489.1195(1)(a), Florida Statutes, provides that 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. COUNT! 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. On or about March 4, 1999, the Charlotte County Construction Industry Licensing Board, pursuant to notice, filed an Administrative Complaint against the Respondent, alleging a violation of Section 489.129(1)(p), Florida Statutes. 8. The Administrative Complaint charged the Contractor with failing to obtain required final inspections on two permits that the Contractor, or someone acting on behalf of the Contractor, had obtained in Charlotte County. 9. On or about March 4, 1999, pursuant to notice to the Contractor, a hearing was onducted by the Charlotte County Construction Industry Licensing Board. At said hearing, the Administrative Complaint was considered by the Charlotte . County Construction Industry Licensing Board and the Contractor was found guilty of the aforesaid violation. . 11. Onor about March 23, 1999, the Charlotte County Construction Industry “Licensing Board issued an Order revoking the Contractor’s permitting privileges in Charlotte sd a ltt i ik cts — County until such time as the two permits are renewed and passing final inspections are obtained by the Contractor. 12. The foregoing constitutes discipline by any municipality or county for an act or violation of Chapter 489, Florida Statutes. 13. Based on the foregoing, the Respondent violated Section 489.129(1)(h), Florida Statutes (1998 SUPP.), by being disciplined by any municipality or county for an act or violation of this part. COUNTIT 14 Petitioner cr realleges and incorporates the allegations set forth in paragraphs one through five and seven through twelve as though fully set forth in this Count U1. 15. Section 489.119(2), Florida Statutes, provides: “If the applicant proposes to ~ @hgage in business as 4 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 i is ‘doing business as a sole proprietorship, the business organization ~ must apply for a certificate of authority through a qualifying agent and under a fictitious name, if ” any. 1 6 ‘ | Atr no time ppaterial to the allegations contained in this Administrative Complaint did the Contractor obtain ain 29 qualifying business certificate of authority. aa “The foregoing constitutes a violation of Section 489,119(2), Florida Statutes. 18. Based on the foregoing, the Respondent violated Section 489, 129(1)G), Florida . “Statutes 0996 ‘SUPP. ) 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 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 $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 Statutes, and/or the rules promulgated thereunder. _ Signed this v9 day of ) ecm Ae 5 1999, Cathleen E. O'Dowd Lead Attorney Labrt £ O Vand COUNSEL FOR DEPARTMENT: Diane Snell Perera Par: 12/719) AB Senior Attorney Department of Business and Professional Regulation Cowaer + Stross Office of the General Counsel” ae 401 NW2 Avenue #N6O7, FILED © .Miami, FL 331280 7 Department of Business and Professional Regulation (305) 377-7115 DEPUTY CLERK °° 99-03935 CLERK Paprdont Michele W889 sSagpish ttt ln os pare_ 1-10-2000 | DSP/ms oe wens cere cree ee

Docket for Case No: 00-002762PL