Ee : STATE OF FLORIDA ia DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vil 0H ie n i ITA If: 3 2 DEPARTMENT OF BUSINESS AND OO i a | PROFESSIONAL REGULATION, \ Petitioner, V5. , ’ Case Nos. 2005-062316 LINO RASSI, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against LINO RASSL ("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. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.11, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a hearing on the: facts alleged. 4. At all times material hereto, the Respondent was not duly licensed to engage in the practice of construction contracting in the State of Florida pursuant to Part I of Chapter 489, Florida Statutes. 5, Respondent’s last known address is 409 De Leon Drive, Miami Springs, Florida 33166, . 6. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[pJerson who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent " paragraphs of this subsection.” 7, Section 489.105(6), Florida Statutes, provides that the attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting, 8. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 9. On or about February 1, 2005 Respondent, purporting to act on behalf of Porto &: Garcia (“P&G”), negotiated and signed a written contract with Elcin Berrio (hereinafter referred to as “Berrio”) to replace the roof of Berrio’s residence located at 13321 S.W. 29" Street, Miami, Florida 33175. However, the Respondent did not act on behalf of P&G with respect to the transaction with Berrio. 10, The contract price was Eight Thousand Five Hundred dollars ($8,500.00). 11. On or about May 13, 2005, Berrio made a payment toward the contract price by 2 check payable to P&G, which Berrio delivered to the Respondent, and which the Respondent cashed. The amount of the check was Four Thousand Two Hundred Fifty dollars ($4,250.00). 12. During May.2005 the Respondent performed work, including the removal of the existing roof, and the application of some new roofing materials. “However the Respondent failed to obtain a passing cap sheet inspection from the building department, and the Respondent did not install roof tile and did not complete the project. | 13. On or about October 2005, Berrio terminated the contract, claiming that the Respondent had threatened her, Thereafter Berrio had the project completed by others, whose work earned a passing final inspection by the building department on or about October 10, 2006. 14. On or about January 25, 2006 the Department of Business and Professional Regulation issued to the Respondent a Notice and Order to Cease and Desist from the practice of contracting without a license. 15. At all times material hereto, the Respondent was not the employee of, and was not supervised by, any licensed roofing contractor. | | . 16. The Respondent’s offering to perform, contracting to perform, and performing, the work described above constitutes engaging in the practice of contracting pursuant to Section 489,105(3), Florida Statutes. 17. Based upon the foregoing, the Respondent has violated Section 489.127(1)(), Florida Statutes, which provides that no person shall “[e]ngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization... without being duly registered or certified or having a certificate of authority.” WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine of up to $10,000.00 per count pursuant to Section 489.13(3), Florida Statutes; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this_\ OtON day of Aecemton . 2007. THEODORE R. GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8240 NW 52™ Terrace, #304 Miami, FL 33166 Da . (305) 470-6783 Ext, 2225 partment of Business and P , DEPUTY CLepie Reaultion _ TRG/ka CLERK WY n, Case #2005-062316 7. PC. fourn® 1214.07 aE [9.4 e+

Docket for Case No: 08-001314