Sh - ra 9 a ..... STATE OF FLORIDA 07 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION’ JU. Of ys 6 AOing! Sion 5 88 NEST RA, DEPARTMENT OF BUSINESS AND OM Se! ‘V6 PROFESSIONAL REGULATION, Petitioner, vs. Case No. ney LUIS AGUILAR | Ol 7 ole 3 ) R CU Respondent. / ADMINISTRATIVE COMPLAINT © - Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL, REGULATION, ("Petitioner"), files this Administrative Complaint against LUIS AGUILAR, ("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, Fi lorida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Atno time material hereto, was the Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 4, Respondent's last known address is 631 SW Ist Street, Hallandale, Florida 33009- 5304. . 5. On or about May 21, 1998, the Respondent, doing business as Scorpion Installation Services, Inc., contracted with Gary R. Dublin to install an air conditioner in Dubin's business located at 3001 North 29th Ave, Hollywood, Florida 33020. 6. The total contract price was $3850.00. 7. On or about May 21, 1998, the Respondent was paid $1,950.00 by Dubin. 8. The Respondent did not complete the project by installing an air conditioner. 9. Section 489.105(3), Florida Statutes provides, inter alia, that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others and whose job scope is substantially similar to the job scope described in on of the subsections of Section 489.105(3), Florida Statutes. 10. . Section 489.105(3)(f), Florida Statutes provides, inter alia, that a "class A air- conditioning contractor" means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, . alter, extend, or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend; or design, when not prohibited by law, piping, insulation of pipes, . : vessels and ducts, pressure and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical 2 disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air- conditioning control wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. 11. The contracting for and/or the performance of the work described in Paragraph Five (5) above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(f), Florida Statutes. 12. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 13. Based on the foregoing, Respondent has violated Section 489.127(1)(f}, Florida Statutes, which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. WHEREFORE, Petitioner respectfully requests the entry of tn Order imposing one or. more of the following penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time; refusal to certify, or to certify with restrictions, an application for licensure; restriction of practice; issuance of a reprimand; comective action and/or any other 3 relief the Department of Business and Professional Regulation is authorized to impose pursuant _ to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. sf Signed this. (2. day of ~ Neale , 2000. athleen E. O’Dowd ~ Lead Construction Attorney COUNSEL FOR DEPARTMENT; — he FILED. Patrick F. Creehan . 6 | Departnent of ay CLERK _— . P Assistant General Counsel DE Department of Business and : ars , WN Sbcholt i i : CLERK Professional Regulation Northwood Centre , DATE _G-| ) ~2000 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-2202 " PEC/jkm Case # 99-03113

Docket for Case No: 01-002687PL