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FILED

171 L\l.fflfllffl d rl'(lf'slQf)ai Rl'.!IM&t!Ol'I

Oieputy A,gi::ncy Clerk

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n.,. 7/21/2009

FIio#

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2008-036869

LUIS AGUILAR,

Respondent.

/

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation ("Petitioner") files this Administrative Complaint against Luis Aguilar ("Respondent"), and alleges:

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 jurisdicti.on over the unlicensed practice of contracting pursuant to Section 455,228, Florida Statutes.

3. Chapter 120, Florida statutes, entitles Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within 21 days

   
   

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   of receipt of an agency pleading, Respondent shall have waived the right to request a hearing.

4. At no time m1;1terial to this case was Luis Aguilar

   licensed to eng1;1ge in the practice of contracting pursuant to Chapter 489, Florida Statutes.

5. The last known address for Luis Aguilar is 631 SW 1s t

   Street, Hallandale, Florida 33009.

   
   

6. On or about August 28, 2007, Respondent negotiated and entered into a contract with Susana L. Kantares ("Kantaresn) to remodel Kantares' home in Fort Lauderda,le, Florida, for a contract price of $10,650.00.

7. The purpose of the remodeling contract rnentioned in para,graph six I 6) was to enlarge the patio and expand the kitchen of Kantares' home, which included the removal of walls and doors, installation of window slides, and the removal and replacement of an air conditioning unit.

8. For the above-mentioned work in par1;1graphs six (6) and seven (7), Respondent was paid $1,500.00 with check number 1005 on September 8, 2007, and $1,675.00 with check number 1006 on September 8, 2007, for a total sum of $3,175.00.

9. Section 489.113(2), Florida Statutes, provides that "no person who is not certified or registered shall. practice contracting in this state."

   
   

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10. section 489.105 (3) / Florida Statutes, defines a

    contractor as a:

    
    

    "[pl erson who, for compensation, underta,kes 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 th,e job scope described in one of the subsequent paragraphs of this subsection."

    
    

11. Section 4$9.105(6), Florida Statutes, provides that "the attempted sale of cont!."acting services and the negotiation or bid for a contract on these services also constitutes conti::acting."

12. 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 ava,ilable 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."

    
    

13. 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.

    
    

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14. Based upon the facts set forth above, Respondent violated Section 489,127 (1) (f), Florida Statutes, in one or more of the following ways:

1. By engaging in the unlicensed practice of contracting as defined by section 48 9 . 1 05 (3 ) 1 Florida Statutes;

2. By engaging in the unlicensed 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 pena,1ties: an administrative fi.ne not to exceed $10, ooo. 00 per incident for

violations of Chapter 489, Part I, Florida statutes,; assessm2nt 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 pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder.

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Signed this 20'" day of July, 2009.

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

Mark S. Miller

Assistant General Counsel Florida Bar No. 0653020 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St., Ste. 42

Tallahassee, FL 32399-2202

I 850) 488-0062 Telephone

(850) 414-6749 Facsimile

PC Found: 7/20/09

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NOTICE Of RIGHTS

Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 apd 120.57, Florida Statutes, to be represented by cou!lsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-J.06.111, Florida Adro.inistrative Code, provides in part that if Respondent fails to request a hearing within twenty-one ( 21) days of receipt o:E an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs related to the investigation and p.,osecution of this matter. 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 investigation and prosecution of the case excluding costs associated with an attorney's time, a.gainst the Respondent in addition to any other discipline imposed.

Docket for Case No: 11-001589