Oct 24 2006 11:29 laf24/28686 11:16 8589219186 DEPR PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case ‘No. 2006-045965 LUJ$ ALBERTO MORALES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against LUIS ALBERTO MORALES, (“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 a Registered Building Contractor in the State of Florida, having been issued license number RB29003413. Respondent is registered as doing business as Laredo Building & Remodeling Co. 3. Respondent’s address of record is 1089 NE 91 Terrace, Miami Shores, Florida 33138. Oct 24 2006 11:29 la/24/2686 11:16 8589219186 DEPR PAGE 84/88 4. The Construction Trades and Qualifying Board for the Miami-Dade County Code Compliance Office (hereinafter “BCCO”) are charged with licensing contractors who practice solely within the jurisdiction of Miami-Dade County, Florida. 5. The BCCO requires all persons engaging in construction contracting in Miami- Dade County, Florida to successfully obtain a Competency Card from the BCCO, To obtaina Competency Card an applicant must submit an application, successfully pass a contractor's exam or show proof of adequate experience in lieu of a successful examination score, show proof of good credit and insurance coverage, and be approved by the qualifying board of the BCCO. 6, Respondent obtained a fraudulent Competency Card from employees of the BCCO. Respondent failed to submit an application for a Competency Card with the BCCO. Respondent did not take a contractor’s exam or provide proof of experience in lieu of the exam, or provide proof of good credit and insurance coverage. In addition, Respondent was not approved by the qualifying board of the BCCO fora Competency Card. 7. In or about January 2006, Respondent submitted to the Department an application for Registration. 8. As part of the application process, the Department required Respondent to submit a copy of his Competency Card from the BCCO, and si gn the attest statement on the application that Respondent had successfully completed and attained the requisite education and experience for the Registration. 9. In or about January 2006, at the time Respondent submitted the application, Respondent knew or reasonably knew that Respondent’s Competency Card was fraudulent and the attest statement signed by Respondent was false, Oct 24 2006 11:29 laf24/2866 11:16 8589219186 DEPR PAGE @5/@8 10. The fraudulent Competency Card and attest statement were material information submitted by Respondent to the Department. 11, In or about January 2006, at the time Respondent filled out the application, Respondent knew or reasonably knew the Department would rely on the fraudulent Competency Card and attest statement in the application in its decision to issue Respondent a Registration. 12. Tn or about June 2006, based upon the submission of Respondent's fraudulent Competency Card and false attest statement, the Department issued Respondent a Registration. COUNT I 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 14. Rule 61G4-15.008, Florida Administrative Code, states in part that material false statements or information submitted by applicant for registration, or renewal for renewal of registration ot submitted for any reissuance of registration, shall constitute a violation of Section 489.129(1)(a), Florida Statutes, and shall result in suspension or revocation of the registration. 15. Based on the Foregoing, Respondent violated Section 489.129(1)(a), Florida Statutes, by obtaining a certificate, registration, or certificate of authority by fraud or misrepresentation. COUNT I 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein, 17, Section 489.127(1)(d), Florida Statutes, provides in part that no person shal] knowingly give false or forged evidence to the board or a member thereof. Oct 24 2006 11:50 laf24/28686 11:16 8589219186 DEPR PAGE 86/88 18. Based on the foregoing, Respondent violated Section 489.1 29(1)(1). Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, by having violated Section 489, 127(1)(d), Florida Statutes. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 20. Based on the foregoing, Respondent violated Section 455.227(1)(h), Florida Statutes, by attempting to obtain, obtaining, or renewing a license to Practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board. COUNT IV | 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 22. Based on the foregoing, the Respondent has violated Section 489.1 29(1)¢m). Florida Statutes, by committing incompetency or misconduct in the practice of contracting. Wherefore, Petitioner respectfully requests the Construction Industry Licensing Board enter ati 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 $10,000 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 455, 489, Florida Statutes, and/or the rules promulgated thereunder. Oct 24 2006 11:50 la/24/2686 11:16 8589219186 DEPR PAGE 87/88 A St Signed this, ; day of Sey ic WMbek.. » 2006. Patrick Creehan, Chief Construction Attorney Counsel for Department: P. Brian Coats F \ ageional Regulation Assistant General Counsel Depariment af Business and Prot Department of Business and DEPUTY CLERK Professional Regulation 1940 North Monroe Street Pyrardotl Michele Tallahassee, FL 32399-2202 CLERK "G-1-2006. DATE Case No. 2006-045965 PC. Found: 4 | | low EL Kane + Bowker

Docket for Case No: 06-004136PL