DX-\3L STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-024384 MARTIN FRANCISCO PEREZ, Respondent. ; / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against MARTIN FRANCISCO PEREZ, ("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 85 West 37" Street, Hialeah, Florida 33012. 6. At all times material hereto, Navaco, Inc. (“Navaco”) was a Florida corporation with Carlos Navarro, holder of certified general contractor license number CG C038771, -as Navaco’s qualifying agent. At all times material hereto, the Respondent was an agent of, but was not an employee of, Navaco. 7. On or about May 24, 2004 the Respondent, on behalf of Navaco, negotiated and executed a written contract with Hilda Hernandez (hereinafter referred to as “Hernandez”) to remodel Hernandez’ s residence located at 3095 SW is Street, Miami, Florida. 8. The contract price was Fifty One Thousand Three Hundred and Sixty Four dollars ($51,364.00). 9. From June 8, 2004, to October 7, 2004 Hernandez made payments toward the "contract price by checks payable to the Respondent in the total amount of Forty Thousand Four Hundred dollars ($40,400.00). ‘10. On or about May 13, 2004 Navaco obtained one or more building permits for the project from the City of Miami building department. 1]. The Respondent performed, or attempted to perform, but did not complete, the work called for by the contract. After approximately February 2005 the Respondent performed no further work. 12. On or about October 12, 2006, the Petitioner issued to the Respondent a Notice and Order to Cease and Desist from the practice of contracting without a license. 13. On or about December 26, 2006, in the Eleventh Judicial Circuit for Miami-Dade County the Respondent was charged criminally with contracting without a license (Case 2 #M06071524). 14. — Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[p]erson who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others constrict, 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.” 15. | The Respondent’s contracting for and performance of the work described above constitutes engaging in the practice of contracting pursuant to Section 489.105(3), Florida Statutes. 16. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 17. Based upon the foregoing, the Respondent has violated Section 489.127(1)(f, 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 as available to engage in the business or act in the capacity of a contractor 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 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, an application for licensure; restriction of practice; issuance of a reprimand; 3 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 17> day of Other , 2007. COUNSEL FOR DEPARTMENT: Theodore R. Gay _ Assistant General Counsel Department of Business and Professional Regulation 8240 NW 52nd Terrace, #304 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/tg Case #2006-024384 Pe. Found! 10-17-07 LA. aero [ie —<—_ ODORE R. GAY f ASSISTANT GENERAL COUNSEL FILED Department of Business and Professional Regulation AGENCY CLERK cueRK 5; wh ?. | sae (0222 Boor”

Docket for Case No: 08-001315