Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: NELSON DAVID CASTILLO
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 09, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 20, 2004.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA - Get
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “165°
CONSTRUCTION INDUSTRY LICENSING BOARD
DIVISION I
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, i‘ ) \ - 2 ca A ae
Petitioner,
vs. Case No. 2000-05537
NELSON DAVID CASTILLO,
Respondent.
/
ee
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing
Board, against NELSON DAVID CASTILLO, ("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 Swimming Pool/Spa
Servicing Contractor in the State of Florida, having been issued license number CP C056869.
3. Respondent's last known address is 17641 Southwest 87" Avenue, Miami,
Florida, 33157.
4. At all times material hereto, Respondent was licensed as qualifying agent of
ee
EXHIBIT A
Kristal Blue Pool Company of Miami.
5. Section 489.1195(a), Florida Statutes, provides that all primary qualifying agents
for a business organization are jointly and equally responsible for supervision of all operations of
the business organization, for all field work at all sites; and for financial matters, both for the
organization in general and for each specific job.
6. In or around March 2000, Respondent entered into a verbal contract with Harmut —
Schoenau (hereinafter “Schoenau”), to build a pool, enclosure, and deck at Schoenau’s residence
located at 2367 Coral Point Drive, Cape Coral, Florida.
7. Respondent obtained permit number 00-93595, which contains Respondent’s
signature, to construct the swimming pool.
8. Respondent has a Class C Swimming Pool/Spa Servicing Contractor’s license.
9. Section 489.105(), Florida Statutes (1999), provides, in part, that a “swimming
pool/spa servicing contractor’ means a contractor whose scope of work involves, but is not
limited to, the repair and servicing of any swimming pool, hot tub or spa, whether public or
private, or otherwise, regardless of use.
10, | Respondent would need a Residential pool/spa contractor’s license or a
Commercial pool/spa contractor’s license in order to construct a swimming pool.
11. Schoenau paid Respondent $8,000.00 and Respondent completed the excavation
frame work, poured the shell, did rough plumbing without hook-ups, and completed some wiring
42. Respondent ceased work on the project in or around May 2000, and Schoenau
converted the permit to an owner/builder permit and completed the project for a cost of
approximately $6,500.00.
COUNT I
13. Petitioner realleges and incorporates the allegations set forth in Paragraphs One
through Twelve as though fully set forth herein.
14. ) Section 489.115(1), Florida Statutes (1999), provides that no person may engage
in the business of contracting in this state without first being certified or registered in the proper
classification.
15. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida
Statutes (1999), by failing in any material respect to comply with the provisions of this part or
violating a rule or lawful order of the board, to wit, Section 489.11 5(1), Florida Statutes (1999),
by contracting outside the scope of his license.
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)(m), Florida
Statutes (1999), by committing incompetency or misconduct in the practice of contracting.
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),
i,
rae
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 _ 3, day of __« Sulvd {\____, 2001.
COUNSEL FOR DEPARTMENT:
Theodore R. Gay
Assistant General Counsel
and
Angela C. Desmond peo
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
2000-05537
LoL thet
Docket for Case No: 04-002382PL
Issue Date |
Proceedings |
Sep. 20, 2004 |
Order Closing File. CASE CLOSED.
|
Sep. 20, 2004 |
Motion to Cancel Hearing and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Aug. 10, 2004 |
Order of Pre-hearing Instructions.
|
Aug. 10, 2004 |
Notice of Hearing (hearing set for September 29 through October 1, 2004; 9:30 a.m.; Miami, FL).
|
Aug. 04, 2004 |
Order Granting Request to Consolidate. (consolidated cases are: 04-002380PL, 04-002381PL, 04-002382PL)
|
Jul. 16, 2004 |
Petitioner`s Response to Initial Order and Motion to Consolidate (of case no. 04-2380, 04-2381, and 04-2382) filed via facsimile.
|
Jul. 09, 2004 |
Election of Rights filed.
|
Jul. 09, 2004 |
Response to Administrative Complaint filed.
|
Jul. 09, 2004 |
Administrative Complaint filed.
|
Jul. 09, 2004 |
Agency referral filed.
|
Jul. 09, 2004 |
Initial Order.
|