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FIL f D

1. partment 'ii ij

   , :w11 1 1· ,m P 8..1. ,

   - - .... - "' 1._,,_,_.... ""

   , Oat• 8/27/2009

   STATE OF FLORIDA ....,""-•• •

   DEPARTMENT OF EUSINE;SS AND PROFESSIONAL REGULATION

   
   

   DEPAIITNENT OF BUSI.NESS AND PROFF.:SSIONAL REGULATION,

   
   

   Petitioner,

   
   

   v.

   
   

   Case No. 2007-035226

   
   

   HARRY CARRASQUILLO,

   
   

   Respondent.

   
   

   
   

   ADMINIS.TRATJ.VE COMPLAINT

   
   

   The Department of Business

   I

   and Professional Regulation

   
   

   (''Petitioner") files this Jl:drninistrative Complaint against Harry

   
   

   Ca.rra,squillo ("Respondent") ; and allege,:,:

   '

   l. I?eti ti oner is thel state agency charged with regulating

   
   

   the;, practice of contractin pursuant to Section 20.165, FJ.or.ida

   I

   statutes, and Chapters 455 •' nct 489, Florida Statutes.

   2, Petitioner has jurisdtction over the unlicensed practice of contracting pprsuant to Section 455.228, Florida

   Statut@s.

   
   

   3.

   I

   i

   Chs1pter 120, Flofida Statutes,

   I

   
   

   entitles Respond.ent to

   elect a hearing regardinJ the allegations

   
   

   Rule 28-106. 111, Florida Aldministrative Code,

   I

   contained he.t:ein. p,i:ovides in part

   that if a Respondent failsi to request a hearing within 2l de>,ys

   i

   cf receipt of an agency pleading, Respondent shall have waived

   
   

   the right to request a hear ng.

   
   

   I I

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   1. At no material time to this case was Respondent Harry

      
      

      Carrasquillo duly registered or certified to

      engage

      ·,.n the

      
      

      practice of contracting pursuant to Chapter 489, Statutes.

      Flod.da

   2. Respondent Harry Carrasquillo was previously licensed, holding license number CGC053532, but this license has J:;,een in Null and Void status since August 31, 1996.

   3. The .last known a.ddress for Respondent Carrasquillo is 5417 SW 134th Place, Miami, Florida 33175.

      Harry

   4. On or aJ:;,out September 12, 2 O O6, Respondent negoU.ated and entered into a contract with Otis Hill ("Hill") to re-roof Hill's residence in Miami, Florida, for a total contract price of $7,700.00.

   5. For the above-mentioned work in paragraph seven (7), Hill furnished Respondent with a deposit in the amount of

      $3,080.00 with check number 1509 on September 12, 2006.

      
      

   6. Despite accepting the deposit outlined in paragraph eight ( 8) , Respondent abandoned the project wi.thout commencing the work he contracted to perform.

10, Section 489.113(2), Florida Statutes, provides that "no person who i:a not certified or registered shall pr:actice contracting in this state."

1. Section 489.105(3), Florid/a. Statutes, defines a

   
   

   contrsactor as a:

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   [p]erson who, for compensation, undertakes to, submits "' bid to, or does himself or herself or by others construct, repc1ir, alter, remodel, add to, demolish, subtra.ct 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 similc1r to the job scope described in one of the subsequent parc1graphs of this subsection.

   
   

2. 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."

3. Section 489.127 (1)(f), Florida Statutes, provides that no person shall;

   engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as avai.lable 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.

   
   

4. The contracting for and/or performance of the work described above is within the scope of work described in Sections 489.105(3) and 489.105(6), Florida Statutes, and.thus constitutes engaging in the practice of contracting.

5. 1Based upon the facts set forth above, Respondent violated Section 489.127 (1)(f), Florj_da Statutes, in one or more

   of the following ways:

   
   

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   1. By engaging in the unlicensed practice of contracting as defined by Section 489.105(3), Florida Statutes;

      
      

   2. By engaging in the un_licensed practice of contracting as defined by Section 489.105(6), Florida Statutes.

Wherefore, Petitioner requests that a Final Order be entered imposing one or more of the following penal ties: a.n administrative fine not to exceed $10,000.00 per incident for violations of Chapter 4 89, Part I, Florida Statutes; assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney's time); and/or any other relief the Department is authorized to impose p1,rsuant to Chapters 455· and 489, Florida Statutes, and the

rules promulgated thereunder,

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Signed this

.,',)_I _ si

day of

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PAGE 07/17

CHARLES w. DRAGO, Secretary Department of Business and Professional Regulation

PC Found:       MB/mak;

By:

    f,1               

Maura M. Bolivar Chief Attorney

Florida Bar No. 0295840 Department of Business and Professional Regulation office of the General Counsel 1940 N. Monroe St., Ste. 42

Tallahassee, FL 32399-2202

(850) 488-0062 Telephone

(850) 414-6749 Facsimile

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NOTICE OF RIGHTS

Respondent has the rj.ght to request a hea.ring to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representa.tive, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duc;,es tecum issued on his or her behalf if a hearing is r.equested. Rule 28-106.111, Flor.id.a Administr.ative Code, provides in par.t that if Respondent fails to request a hearing

within twenty-one (21) days of receipt of a.n agency pleading, Respondent waives the right to r.equest a hearing on the facts alleged.

NOTICE REGARDING ASSESSMF.,NT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this ms3.tter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investJ.gation and prosecution of the case excluding costs associated with a,n attorney's time, against the Respondent in addition to any other. discipline imposed.

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Docket for Case No: 11-000048