STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION, Petitioner, Case No. 9939-00143 vs. FERNANDO GOMEZ-PINA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against FERNANDO GOMEZ-PINA, ("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. | , | ; U UY 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 C002540. 3. Respondent's last known address is 7785 NW 56 Street, Miami, Florida 33166. 4. At all times material hereto, Respondent was the licensed qualifier for United Construction Technology, Inc. : | (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 set forth in paragraphs one through four as though fully set forth in this Count I. 6. At no time material to the allegations contained in this Administrative Complaint was Raffaele Giordani registered, certified, qualified, or licensed to practice construction in the State of Florida. 7. On or about February 22, 1998, Raffaele Giordani / contracted with Fernando Rodriguez (hereinafter referred to as “Customer”) to construct an addition at 3600 SW 109 Avenue, Miami, Dade County, Florida, for Fourteen Thousand, Seven Hundred dollars ($14,700.00). 8. The Customer paid Raffaele Giordani Fourteen Thousand, Two Hundred dollars ($14,200.00) in furtherance of the aforesaid WU Nw) contract. 9. On or about May 15, 1998, the Contractor obtained permit number 98075260 from the Miami Dade Department of Planning, Development and Regulation for the aforesaid project. 10. The Contractor knew, or had reasonable grounds to know that Raffaele Giordani was not registered, certified, qualified, or licensed to perform construction in the State of Florida. : 11. Based on the foregoing, the Respondent violated Section 489.129(1) (e), Florida Statutes (1997), by performing any act which assists a person or entity in engaging in the prohibited uncertified 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 II 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 falsely certified to the Miami Dade Department of Planning, Development and Regulation that he was the contractor of record for the Customer’s project. 14. Section 455.227(1) (a), Florida Statutes (1997), 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. 7 ! i: U Nw] 15. The foregoing constitutes a misleading, deceptive or fraudulent representation made in or related to the practice of the Contractor’s profession. 16. The foregoing constitutes a violation of Section 455.227(1) (a), Florida Statutes (1997). 17. Based on the foregoing, the Respondent violated Section 489.129(1) (c), Florida Statutes (1997), 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 IIl. 19. At no time material hereto did the Contractor maintain a qualifying business license. 20. 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 qualifying agent and under a fictitious name, if any. 21. Based on the foregoing, the Respondent violated Section WW VY 489.129(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. COUNT _IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through four, six through ten, | thirteen through sixteen and nineteen through twenty as though fully set forth in this Count IV. 23. Section 489.127(4) (b), Florida Statutes provides: A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor. 24. Section 489.127(4) (c), Florida Statutes provides: A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply for or obtain a building permit for construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said WU Nw] contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. This paragraph does not prohibit a contractor from applying for or obtaining a building permit to allow the contractor to perform work for another person without compensation or to perform work on property that is owned by the contractor. 25. The Contractor violated the foregoing provision of Chapter 489, Florida Statutes. 26. Based on the foregoing, the Respondent violated Section 489.129(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 Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, revrimand 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 UW wo) Statutes, and/or the rules promulgated thereunder. —_—_—_a | signed this CQ aay off TN ave - , 1999. | t G.W. HARRELL, CHIEF ATTORNEY COUNSEL FOR DEPARTMENT: F | L E D Department of Business and Professional Regulation : | Diane Snell Perera DEPUTY CLERK | Senior Attorney Department of Business and 42 j MWA: f /, CLERK ’ Professional Regulation 401 NW 2 Avenue #N607 vate § 7 = F-F4 1: Miami, FL. 33128 (305) 377-7115 6/24/99 DSP/ms pee: 06/Iv [FF Simmons + ™ kt whe. : 7 4 | | | i 7

Docket for Case No: 00-003586PL