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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs DEZI BAKSAY, 01-003539 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003539 Visitors: 41
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: DEZI BAKSAY
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Sep. 07, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 22, 2002.

Latest Update: Dec. 23, 2024
fey ig Ihe cea ean ~ STATE OF FLORDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION? 7p oe 4 Oy. 4 Pa oS . wie is os DEPARTMENT OF BUSINESS AND Oe _PROFESSIONAL REGULATION, mie oe Oe vs. ee os “Case No. 2001-00626 ~eees DEZI BAKSAY, ’ Respondent. s ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (*Petitioner"), files this Administrative Complain against DEZI BAKSAY, Respondent’), a and says: , - o, : ; ; : ; ; ea aon 1, ~ Petitioner i 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. eee _. The Department of Business and Professional Regulation has jurisdiction ¢ over the — actin Pursuant to Section 455. 228, Florida Statutes 3 At no time material hereto, was ; the Respondent duly registered or certified ‘to. engage in the practice of contracting pursuant to Part L Chapter 489, Florida Statutes. : 4. Respondent’s last known address is 2701 Northeast 5" Avenue, Boca Raton, oy : Florida, 33431. 5. On or about ee 15, 2000, Respondent contracted with Michael ; Degrandchamp (hereinafter “Degrandchamp”), for the installation of an ABL cradle lift, pilings, walk platform, gull cradle, and electrical upgrades on Degrandchamp’ $ property located at 1551 Southwest 6 Terrace, Boca Raton, Florida. 6. The contract Price was $14,310.00 and Respondent was paid $5,000.00. 77 _ Respondent failed to obtain a permit for the Project z and failed to begin any work on the project. 8. During an investigation by the Palm Beach County Construction Industry Licensing Board, Respondent offered to refiund Degrandchamp $3,800.00, however Degrandchamp refused the offer. : : 9. Section 489.105(3), Florida Statutes, provides 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 i improvements: to real ¢ estate, for others or 0 for resale to 0 others and . 7 whose job scope is s substantially similar to to the job scope described j in one of the subsections of Section 489.105(3), Florida Statutes. 7 10. Section 489. 1053)@), Florida Statutes, Provides that a “general contractor” means a contractor whose s services are e unlimited as to type of work which he or she may do, who may ont uiring licensure under this Part, and who omay 'y Perform any. work or registered st shall Practice contracting i in this s state. . a 13.00 Based on the foregoing, the Respondent has violated Section 489, 127, Florida , Statutes, which Provides that no person shall engage in the business or act in the capacity of a contractor without being duly reyitered or certified to 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 an Order i imposing one or” more of the following penalties: an in administrative fine n not to exceed $5, 000. 00 per incident; : assessment of costs related. to thei investigation and prosecution of the c case excading costs associated with an aomey" s time: ‘refusal to contty or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or “any. other telief the Department of Business and Professional Regulation i is authorized to impose pursuant t to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. a Signed this - 24 day of /\, 2001. os FILED" Maven ee 4 O00) By: Robert A. Crabill _ Assistant General Counsel ns 2 SRB ea eee COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond WY Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2001-00626 ag r F

Docket for Case No: 01-003539
Issue Date Proceedings
Jan. 22, 2002 Order Closing File issued. CASE CLOSED.
Jan. 17, 2002 Motion to Cancel Hearing and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jan. 14, 2002 Petitioner`s Proposed Pre-hearing Statement (filed via facsimile).
Nov. 15, 2001 Order of Pre-hearing Instructions issued.
Nov. 15, 2001 Notice of Hearing issued (hearing set for January 18, 2002; 9:00 a.m.; West Palm Beach, FL).
Nov. 09, 2001 Order Granting Continuance issued (parties to advise status by November 16, 2001).
Nov. 07, 2001 Motion for Continuance (filed by Respondent via facsimile).
Sep. 24, 2001 Order of Pre-hearing Instructions issued.
Sep. 24, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for November 9, 2001; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Sep. 14, 2001 Petitioner`s Response to Initial Order (filed via facsimile).
Sep. 07, 2001 Initial Order issued.
Sep. 07, 2001 Election of Rights filed.
Sep. 07, 2001 Administrative Complaint filed.
Sep. 07, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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