STATE OF FLORIDA | i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ©! JUL 25. pir yo, 9 DIVISION I Need wang Bo po EP E Baws wi DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-02105 ()/ “2997 Y PAUL MARCHESE, JR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against PAUL MARCHESE, JR., ("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, and has been at all times material hereto, a certified residential contractor in the State of Florida, having been issued license number CR C057007. 3. Respondent's last known address is 1790 Apex Road, Sarasota, Florida 34240. 4. On or about August 3, 1999, Respondent completed a Certification Change of Status application with the State of Florida Construction Industry Licensing Board. 5. Section 15 of this application required Respondent to disclose whether he had ra cer re a ee oe ee a sae cveretenimne a ever “been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any other state, had been “subject to’ any disciplinary action by a state, county, or municipality.” 6. _ On his application for Certification Change of Status, Respondent denied ever having been subject to any disciplinary action by a state, county, or municipality. 7. However, Respondent was previously licensed as a contractor in the State of Maryland and had his license in that state suspended from June 25, 1990 to July 24, 1990, as the result of a complaint. 8. Respondent signed the affidavit contained in the Certification Change of Status application attesting to the truth and accuracy of all statements and answers contained in the application. COUNT I 9. Petitioner Tealleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. 10. Based on the foregoing, Respondent violated Section 489. 129(1)(a), Florida Statutes (1997), by obtaining a certificate, registration, or certificate of authority by fraud or misrepresentation. I 1. Petitioner realleges and i incorporates the allegations set forth i In paragraphs one through eight a as s though fully s set forth herein. 12. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes (1997), by committing mismanagement or misconduct in the practice of contracting. ETRE ECR pe Ee g SN SAR re ERROR = ee COUNT IT 13. . Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein, . 14. Based on the foregoing, Respondent violated Section 489, 129(1)(i), Florida Statutes (1997), by being disciplined by any municipality or county for an act or violation of this part. 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. hn J. Matthews Assistant General Counsel : enactment of Busineés and Professional Ragulation Assistant General Counsel DEPUTY at Angela C. Desmond nBY) oe cenct randertl Michele DepwtnenarBusiesant = awe_ LAU ROO! ~~ Professional Regulation PCP: 04 /a1/00 © Bf + Kites : i ook ook mek :

Docket for Case No: 01-002997PL