May 23 2008 13:36 gs/23/2888 13:19 8589219186 ; DEPR PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No, 2006-047623 DANNY CACERES, Respondent. / ADMINISTRATIVE, COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against DANNY CACERES, ("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. Petitioner has jurisdiction over the unlicensed practice of contracting pursuant to section 455.228, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 4, Respondent's last known address of record is 3735 E. Coquina Way, Weston, FL 33332. . 5. On or about January 12, 2006, Respondent, doing business as Danny’s Repairs, Inc. (“ORI”), contracted with Ana Gil (“Gil”) to re-roof the residence located at 341 E. 43 Street, Hialeah, FL 33013. May 23 2008 13:36 gs/23/2888 13:19 8589219186 DEPR PAGE 6. The total contract price was $9,918.00, of which $9,917.88 was paid by Gil to Respondent. 7. Section 489.113(2), Florida Statutes, provides that "[nJo person who is not certified or registered shall practice contracting in this state." 8. Based on the foregoing, Respondent has violated section 489.1 27(1)(8), Florida Statutes, which provides that no person shall "[e|ngage in the business or act in the capacity of a contractor ot advertise himself or herself or a business organization. .. without being. duly registered or certified or having a certificate of authority." 9, As of the date signed below, Petitioner finds probable cause for the charges contained herein. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; 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 aut day of O Ake 2007. FILED Department of Business and Professional Regulation - AGENCY CLERK Matthew D, Morton, Esq. Assistant General Counsel CURK Spy wdy 2. (edo am oate_ / LP 3/-2007 ad/ag May 23 2008 13:36 gs/23/2888 13:19 8589219186 DEPR PAGE @5/@8 COUNSEL FOR DEPARTMENT: Matthew D. Morton, Esq. Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #: 2006-047623 PC Found [O-2e-O7? May 23 2008 13:36 65/23/2688 13:19 8589219186 DEPR PAGE 86/88 ELECTION OF RIGHTS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Respondent: Danny Caceres Case No: 2006-047623 Thave read the Administrative Complaint in this matter, and elect as follows: CHECK ONE 1. () Lelect not to dispute the material facts alleged in the Administrative Complaint and wish to appear before the Board to be heard on the conclusions of law and the issue of penalty. I therefore request a hearing not involving disputed issues of material fact, under section 120.57(2), Florida Statutes. | understand that at the hearing I will not be allowed to deny the facts alleged in the Administrative Complaint, but will only be permitted to submit writien and/or oral evidence in mitigation of the charges in the Administrative Complaint or explain why the facts alleged do not amount to a violation of law. 2. % 1 do dispute the facts alleged in the Administrative Complaint, and request that this be considered a petition for/fihal Hearing before an Administrative Law Judge of the Division of Administrative Hearings, pursuant to Section 120.57(1), Florida Statutes. If you select this option, you must state below which specific facts you dispute. (Use the back of this sheet if needed.) Prior oral or written submissions to the Department regarding this matter will_not be considered responsive to this Administrative Complaint. Regardless of your prior communication(s) with the Department, it is required that you respond to the Administrative Complaint by selecting one of the options on the enclosed Election of Rights forth. 3. ( ) I waive my right to object or be hearg concerning this matter, and the Department may do as it sees fit conceming this matter. THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT FULLY UNDERSTAND THE TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING. ¢ Street Address City State Zi uss 7en , FE 33335 (Bos) 21-1989 City State Zip Respondent's Daytime Phone No. noe ceED OBp 2 6 2097 R Agia THIS FORM TO THE ADDRESS BELOW, ATTN. SARAH WACHMAN, AGENCY CLERK cy Clary Department of Business and Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-2202

Docket for Case No: 08-002558