Sep 21 2007 10:31 ao/21/2087 1a:14 8589219186 DEPR PAGE 84/89 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2004-028285 vs. ANTONIO GALVEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ANTONIO GALVEZ, ("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 General Contractor, in the State of Florida, having been issued license number CG C003823. 3. Respondent's address of record is 838 East 26" Street, Hialeah, Florida 33013. 4, At all times material hereto, the Respondent was licensed as the qualifying agent Sep 21 2007 10:31 aq/2l/2ae7 1a:1d 8589219186 DEPR PAGE @5/ag of All Residential Remodeling & Financing (“ARR&F"). At various times material hereto, ARR&F was a Florida corporation also known as All Residential Remodeling & Financing, Inc. and/or was a Florida fictitious name also known as All Residential Remodeling & Finance owned by Primeamerica Financial Group, Co., a Florida corporation with no qualified business organization certificate of authority. On or about June 2, 1997, All Residential Remodeling & Financing, Inc. was issued qualified business organization certificate of authority number QB0007245. On or about August 31, 2001, QB0007245 expired and subsequently became null and void. 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 al] sites; and for financial matters, both for the organization in general and for each specific job. 6. At all times material hereto, Enrique Molina (“Molina”) was not licensed to practice construction contracting in the State of Florida. At all times material hereto, Tony’s Construction Group, Inc. a/k/a Tony’s Construction (“TCG”) was a Florida corporation and was not licensed to practice construction contracting in the State of Florida. At all times material hereto, Molina was an officer and/or agent of TCG. From approximately October 27, 2003 to December 1, 2003, the Respondent was TCG’s president and vice president. The Respondent knew or had reasonable grounds to know that Molina and TCG were not licensed to practice construction contracting in the State of Florida. 7. At all times material hereto, the Respondent agreed to the use of, or knowingly allowed the use of, his certified seneral contracting license number by Molina and/or TCG in Sep 21 2007 10:32 aq/2l/2ae7 1a:1d 8589219186 DEPR PAGE 86/a9 contracts, building permit applications, business cards, advertising, or otherwise to engage in the business or act in the capacity of a contractor. 8. On of about September 20, 2003, Ricardo Perez (“Customer”) entered into a written contract for the construction of an addition to the Customer’s residence located at 17105 SW 119" Place, Miami, Florida. The printed portion of the contract indicated that the contract was “,..by and between Ricardo Perez hereinafter called the Owner, and Tonys Construction (Antonio Galvez) hereinafter called the Contractor.” ‘The contract was signed by Molina. 9. The contract provided that the project was to be paid for on a cost plus ten percent (10%) basis, with the proviso that the cost of the project was not to exceed Twenty Five Thousand dollars ($25,000.00). 10. On or about October 7, 2003 and October 23, 2003, the Customer made two (2) payments to TCG totaling Seven Thousand Fight Hundred Forty Six dollars ($7,846.00). 11. Molina instructed the Customer to pay subcontractors and material suppliers directly. Pursuant to those instructions, during the period from approximately December 2003 through March 2004, the Customer paid subcontractors and material suppliers a total of Twenty One Thousand Seven Hundred Thirty Two dollars ($21,732.00). 12. On or about July 13, 2003, a building-permit application, for the project was submitted to the Miami-Dade County building department. The application listed the Respondent’s name and the Respondent’s certified general contractor license number CG 003823 in the contractor information section of the application form, and the application was signed by the Respondent. The application was approved, and on or about October 10, 2003 Miami-Dade County building permit number 2004003978 was issued, Sep 21 2007 10:32 aq/2l/2ae7 1a:1d 8589219186 DEPR PAGE @7/ag 13. During the period from about October 2003 to March 2004 work pursuant to the contract was performed or attempted, but the work called for by the contract was not completed. Thereafter and without just cause and notice to the Customer, the Respondent, Molina, and TCG performed no further work, thereby abandoning the project. 14. Thereafter, the Customer had the permit changed to an owner-builder permit and hired others to complete the project. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes (2002), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT It 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 18. Section 489.127(4), Florida Statutes (2002) prohibits a contractor from agreeing to the use of, or knowingly allowing the use of, the contractor’s license number by a person or business that is not licensed to practice contracting and prohibits a contractor from applying for or obtaining a building permit for construction work for which the contractor has no contract. 19. Based upon the foregoing, the Respondent violated section 489.129(1)(i), Florida Sep 21 2007 10:32 ao/21/2087 1a:14 8589219186 DEPR PAGE 88/89 Statutes (2002), by failing in any material respect to comply with the provisions of Part lof Chapter 489, Florida Statutes, or violating a rule or lawful order of the Board. COUNT UL 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count Ti. 21. Based upon the foregoing, the Respondent violated Section 489,129(1)()), Florida Statutes (2002), 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. signed this 24" gay of Unie , 2005. D 7; Department of Fle L ED Requiation Lowel, #é. . &. DEPUTY CLERK yi Sep 21 2007 10:32 aq/2l/2ae7 1a:1d 8589219186 DEPR PAGE @9/ag THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2004-028285 06/28/05 PC Found: June 28, 2005 Division I: Thornton & Del Vecchio

Docket for Case No: 07-004386PL