Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: NOE JAMES FLORES, D/B/A DFG CONSTRUCTION, LTD.
Judges: THOMAS P. CRAPPS
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Mar. 28, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 23, 2012.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
FILED
Department of Business and Prafessional Ragulation
Deputy Agenoy Clerk
CLERK = Evettte Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pw 4/96/9019
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
v. Case Nos. 2011-035405
NOE JAMES FLORES, d/b/a
DFG CONSTRUCTION LTD.,
Respondent.
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation
("Petitioner") files this Administrative Complaint against Noe
James Flores, d/b/a DFG Construction LTD (“Respondent"), and
alleges:
1. Petitioner is the state agency charged with regulating
the practice of contracting and electrical 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 and electrical contracting pursuant to
Section 455.228, Florida Statutes.
3. At no time material to this case was Respondent, Noe
James Flores, duly registered or certified to engage in the
Page 1 of 8
Filed March 28, 2012 2:31 PM Division of Administrative Hearings
practice of contracting or electrical contracting pursuant to
Chapter 489, Florida Statutes.
4. At no time material to this case was Respondent, DFG
Construction Ltd., duly qualified to engage in the practice of
contracting or electrical contracting pursuant to Chapter 489,
Florida Statutes.
5. The last known address for Respondent is 1604
Narranja, Punta Gorda, Florida 33950.
~ 6. On_or about April 8th, 2011, Respondent—entered into—a —
~~ contract with Sharon J. Cline to provide services at 1360
Seville Way, Fort Myers, Florida 33919 for compensation.
7. The scope of the work included but was not limited to
remodeling and electrical work.
8. The scope of work referenced above requires licensure
issued by Petitioner.
9. Respondent was compensated for the scope of work
referenced above.
10. Section 489.113(2), Florida Statutes, provides that
“no person who is not certified or registered shall practice
contracting in this state,”
11. Section 489.105(3), Florida Statutes, defines a
contractor as a:
[p]erson who, for compensation, undertakes
to, submits a bid to, or does himself or
herself or by others construct, repair,
Page 2 of 8
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.
12. 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.”
Is, Section 489.127(1)(f),_ Florida Statutes, 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.
14. 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.
15. Section 489.531(1), Florida Statutes, provides that a
person may not practice contracting or advertise himself or a
business organization as available to engage in electrical or
alarm system contracting unless the person is certified or
registered to do so.
Page 3 of 8
16. Section 489,505(9), Florida Statutes, provides that
“contracting” means:
engaging in the business as a contractor or
performing electrical or alarm work for
compensation and includes performance of any
act outlined in Section 489.505(12), Florida
Statutes, including the attempted sale of
contracting services and the negotiation or
bid for a contract on these services.
17. Section 489.505(12), Florida Statutes, provides that an
"electrical. contractor" or an "unlimited electrical contractor"
a person who conducts business in the
electrical trade field and who has’ the
experience, knowledge and skill to install,
repair, alter, add to, or design .. .
electrical wiring, fixtures, appliances,
apparatus, raceways, conduit, or any part
thereof, which generates, transmits,
transforms or utilizes electrical energy in
any form.
18. By contracting for and/or the performance of the work
described above, Respondent engaged in the practice of
electrical contracting pursuant to Sections 489.505(9) and
489.505(12), Florida Statutes.
COUNT ONE
19, Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1) through fourteen
(14) as though fully set forth herein.
Page 4 of 8
20. Based upon the facts set forth above, Respondent
violated Section 489.127(1) (f), Florida Statutes, in one or more
of the following ways:
(a) By engaging in the unlicensed practice
of contracting as defined by Section
489.105(3), Florida Statutes;
(b) By engaging in the unlicensed practice
of contracting as defined by Section
489.105(6), Florida Statutes.
21. Based on the foregoing, Respondent violated Section
489.127 (1)_(£)-,_FlLorida_Statutes,—by—engaging—in—the—business—o¢—
acting in the capacity of a contractor, or advertising himself
or a business organization as available to engage in the
business or to act in the capacity of a contractor, without
being duly registered or certified or having a certificate of
authority.
COUNT TWO
22. Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1) through nine (9) and
fifteen (15) through eighteen (18) as though fully set forth
herein.
23. Based upon the facts set forth above, Respondent
violated Section 489.531(1), Florida Statutes, in one or more of
the following ways:
(a) By submitting a bid to perform
electrical services as defined by
Section 489,505(9), Florida Statutes;
Page 5 of 8
(ob) By engaging in the business or acting
in the capacity of an _ electrical
contractor as defined by Section
489.505(12), Florida Statutes;
24, Based upon the foregoing, Respondent violated Section
489,.531(1), Florida Statutes, by engaging in the practice of
electrical contracting, or advertising himself or a business
organization as available to engage in the business or to act in
the capacity of an electrical contractor, without being duly
Wherefore, Petitioner requests that a Final Order be
entered imposing one or more of the following penalties: an
administrative fine not to exceed $10,000.00 per incident for
violations of Chapter 489, Part I, Florida Statutes; $5,000.00
per incident for violations of Chapter 489, Part II, 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 pursuant to Chapters 455 and 489, Florida
Statutes, and the rules promulgated thereunder.
(SIGNATURE PAGE FOLLOWS)
Page 6 of 8
Signed this 25** day of JANUARY, 2012.
KEN LAWSON,
Secretary
Department of Business and
By:
Professional Regulation
‘autier Kitchen
Gautier Kitchen
Assistant General Counsel
Florida Bar No. 0689793
Department of Business and
Professi.onal—Requlation:
Of-fi-ce-of the—General—Counsei
1940 N.- Monroe: St...,
PC Found: 1/25/12
By: Gautier Kitchen
GK
Page 7 of 8
Tallahassee, FL
(850)
(850)
488-0062 Telephone
414-6749 Facsimile
Ste. 42.0
32399-2202
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Sections 120,569 and 120.57,
Florida Statutes, to be represented by counsel 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
—_{s__requested.—__ Rule—_20= 106... LOr.da—AdmLna strat
Codez——
within twenty-one (21) days of receipt of 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 prosecution 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, against the
Respondent in addition to any other discipline imposed.
Page 8 of 8
Docket for Case No: 12-001130
Issue Date |
Proceedings |
May 23, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 18, 2012 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
May 15, 2012 |
Notice of Court Reporter filed.
|
Apr. 06, 2012 |
Notice of Hearing by Video Teleconference (hearing set for June 4, 2012; 9:00 a.m.; Fort Myers and Tallahassee, FL).
|
Apr. 06, 2012 |
Order of Pre-hearing Instructions.
|
Apr. 05, 2012 |
Petitioner's Unilateral Response to Initial Order filed.
|
Mar. 30, 2012 |
Notice of Petitioner's First Request for Interlocking Discovery filed.
|
Mar. 30, 2012 |
Petitioner's First Interlocking Discovery Request filed.
|
Mar. 30, 2012 |
Initial Order.
|
Mar. 28, 2012 |
Agency referral filed.
|
Mar. 28, 2012 |
Election of Rights filed.
|
Mar. 28, 2012 |
Administrative Complaint filed.
|