STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 2, a p (- Petitioner, 0 ‘l- O Case No. 2005-012786 VS. . JOSE PAREDES, > & B22 s “Tl Respondent. P= = = eyo 0 / aie r : ea5 Us ADMINISTRATIVE COMPLAINT = =o™ & Mad Petitioner, DEPARTMENT OF BUSINESS AND PROFES SIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSE PAREDES, ("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 Commercial Pool/Spa Contractor and a Registered Commercial Pool/Spa Contractor, in the State of Florida, having been issued license numbers CP C057304 and RP 0065151, 3, Respondent's address of record is 7028 Pecan Court, Winter Park, Florida 32792, 4. At all times material hereto, Respondent was licensed as the qualifying agent for J P Enterprises, Inc., a Florida corporation (hereinafter referred to as "Contractor"). The Contractor was issued qualified business organization certificate of authority number QB0003045, which expired on August 31, 2003 and was not thereafter renewed. | 5. Section 489,1195 (1)(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 ali sites; and for financial matters, both for the organization in general and for each specific job. 6. The Contractor failed to renew its certificate of authority as a qualified business organization. 7. On or about March 25, 2004, the Contractor entered into a written contract with Luis and Barbara Perez-Castaneda (hereinafter referred to as “Customers”) for the construction of a swimming pool with a deck at 14262 SW 163” Street, Miami, Florida, 8. The contract price was Twenty Two Thousand Three Hundred dollars ($22,300.00). On or about September 29, 2004 a change order for pavers for the pool deck to be purchased and installed by the Customers reduced the contract price by Three Thousand Six Hundred Twenty Four dollars ($3,624.00) to Eighteen Thousand Six Hundred Seventy Six dollars (318,676.00). 9, From about March 25, 2004 through July 13, 2004 the Customers paid the Contractor Fifteen Thousand Six Hundred Ten dollars ($15,610.00). . 10, The Contractor performed or attempted to perform, but failed to complete, the work called for in the contract. Without just cause, after September 2004 the Contractor performed no further work, thereby abandoning the project. 11. On or about October 29, 2004 the Contractor filed a voluntary chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Southem District of Florida, Case #04-40223, 12, The Customers hired others to complete the project. The project was completed and received an approved final inspection on or about November 19, 2004, COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. — Section’ 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2 years. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2003), by failing in any material respect to comply with the provisions of this part or ° violating a rule or lawful order of the board. COUNT It 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count II. 17. Based upon the foregoing, the Respondent violated Section 489, 129(1)(j), Florida Statutes (2003), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. 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. oC Ce Signed this oe s day of AY (UNC Whe , 2005. wT Laban. -... g. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: FIL E D Department of Business and Professional Regulation Theodore R. Gay Assistant General Counsel AGENCY CLERK Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 . Miami, FL 33166 CuK Shandy Ce baleen vn 305) 470-6783 Ext. 2225 05) part ZB ZO. TRG/sb Case #2005-012786 PC Found: January 31, 2006 Division Il: Watts & Pietanza

Docket for Case No: 07-000335PL