Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: JOSE PAREDES
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jan. 18, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 11, 2007.
Latest Update: Nov. 14, 2024
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
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ADMINISTRATIVE COMPLAINT = =o™ &
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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.
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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
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Case #2005-012786
PC Found: January 31, 2006
Division Il: Watts & Pietanza
Docket for Case No: 07-000335PL
Issue Date |
Proceedings |
Apr. 11, 2007 |
Order Closing Files. CASE CLOSED.
|
Apr. 10, 2007 |
Motion to Cancel Hearing and to Relinquish Jurisdiction filed.
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Mar. 08, 2007 |
Notice of Filing Respondent`s First Set of Interrogatories and First Request for Production filed.
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Feb. 01, 2007 |
Order of Pre-hearing Instructions.
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Feb. 01, 2007 |
Notice of Hearing (hearing set for April 16 through 18, 2007; 9:30 a.m.; Miami, FL).
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Feb. 01, 2007 |
Order of Consolidation (DOAH Case Nos. 07-0330PL, 07-0331PL, 07-0332PL, 07-0333PL, 07-0334PL and 07-0335PL).
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Jan. 25, 2007 |
Joint Response to Initial Order and Motion to Consolidate filed.
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Jan. 18, 2007 |
Answer and Affirmative Defenses filed.
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Jan. 18, 2007 |
Administrative Complaint filed.
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Jan. 18, 2007 |
Agency referral filed.
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Jan. 18, 2007 |
Initial Order.
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