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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs ALEJANDRO SANCHEZ, 01-003375PL (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003375PL Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: ALEJANDRO SANCHEZ
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Cooper City, Florida
Filed: Aug. 24, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 5, 2001.

Latest Update: Jun. 25, 2024
vy Altes yD : ~ ~ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _ CONSTRUCTION INDUSTRY LICENSING BOARD a DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 00-03028 Qi- 33 37S p ( ALEJANDRO SANCHEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ALEJANDRO SANCHEZ, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, F Jorida 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 CGC028597, which is currently in active status, | 3. Respondent's last known address is 11629 SW 51% Court, Cooper City, Florida 33330. 4. _- Atall times material hereto, Respondent was licensed to practice contracting as” Cl Lasa Casa Construction, Inc. 5. At no time material hereto did Respondent possess a certificate of authority to practice contracting as Lasa Casa Construction, Inc. 6. . On or about May 20, 1997, Antonio Hamilton contracted with Scott Darden to brick a walkway at the Darden residence located at 806 Altara Avenue, Coral Gables, Florida. 7. The contract price was for $1,100.00, of which Hamilton received $600. 8. At no time material hereto, was Hamilton licensed as a contractor with the Florida Construction Industry Licensing Board. 9. Onor about May 20, 1997, the Respondent applied for, and was issued, ‘permit €97050380, from the City of Coral Gables, for the Darden project. . 10. Hamilton began work on the project, however, to date he has failed to complete the project. 11. At the time that construction ceased, the project had not been issued a final inspection by the City of Coral Gables Building and Zoning Department. 12. . Respondent assumed responsibility on the project by obtaining the building permit, however, Respondent neither.performed the work on the project nor supervised the work performed on the project by Hamilton. | COUNT I 13. Petitioner realleges and sncbrporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 14. — Section 489.127(4)(c), Florida Statutes, provides that a certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not apply foro or r obtain ¢ a 2 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 contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified i 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. 15. Based on the foregoing, the Respondent violated Section 489.127(1)(), Florida Statutes, by. failing in any riaterial respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT I 16. © Petitioner realleges and incorporates the allegations set forth in Paragraphs One : through Twelve as though fully set forth herein. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(f), Florida Statutes, 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 III | | 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 19. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Ff lorida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections, more specifically by failing to call for final inspections on the project. 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 ot 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 ork day of diya , 2001. JOHN J. MATTHEWS ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Patrick F. Creehan . F \ | ; Assistant General Counsel. : Departmerit of Business and protessional Regulation Department of Business and : AGENCY CLERK Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-2202 ones CLERK Soa Zz. (Wort om” IIMIPFC / ane. d= 19-200] Case # 99-03915 PCP: January 31, 2001 _ Alford & Borgemeister

Docket for Case No: 01-003375PL
Source:  Florida - Division of Administrative Hearings

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