nilnhes a ite Pie a olde bee ae ks hereto, a certified General Contractor, 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND OO L435 PROFESSIONAL REGULATION, Petitioner, Case No. 97-14511 vs. ; JOSEPH BOULOS CHAIBAN, Respondent . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, “("Petitioner"), files this Administrative Complaint pefore the Construction Industry Licensing Board, against JOSEPH BOULOS CHAIBAN, ("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. nd has been at 11 tines material “having been “issued license number CG C057483. 3. “Respondent's address of vacord and last known address is 11016 N. Harmony Lakes Circle, Davie, Florida 33324. Me (A Bal AA Go ese 4. At all times material hereto, PAUL E. FLETCHER was not duly certified or registered as a contractor by the Florida Construction Industry Licensing Board and A-1 CONCRETE, INC. was not duly qualified to engage in the business, or act in the capacity of, a contractor. 5. At all times material hereto, Respondent knew or had reasonable grounds to know that PAUL E. FLETCHER was not duly ‘Gertified or registered as a contractor in the State of Florida. 6. On or about April 9, 1997, PAUL E. FLETCHER, doing business as A-1 CONCRETE, INC., submitted a Proposal/Contract to CHARLES MAIGE to perform renovations and construction work of the type requiring a license to the MAIGE residence located at 141 N.E. 53rd Court, Fort Lauderdale, Florida. 7. The total price of the contract was $28,247.00. 8. On or about April 24, 1997, "Respondent, using his own license number, applied for and subsequently obtained Broward County Building Permit #97-3842 for work on the aforesaid project located at i141 N. E. 53rd Court, Fort Lauderdale, Florida. 9. In the application for Broward county, Florida Building Permit #97-3842, Respondent falsely represented himself as the “co ntractor ‘of record on the aforesaid Project. edn 10. Chapter 489.127(4) (a), Florida Statutes (1997) provides; A certified or registered contractor, or contractor authorized by a local construction regulation board to do a q 4 7 = sli Hl. ss ABE i ba VW ww contracting, may not enter into an agreement, oral or written, whereby his or her certification number or registration number is used, or to be.used, by a person who is not certified or registered as provided for in this chapter, or used, or to be used, by a business organization that is not duly qualified as provided for in this chapter to engage in the business, or act in the capacity, of a contractor. 11. Chapter 489.127(4) (b), Florida Statutes (1997) provides; A certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification number or registration number to be used by a person who is not certified or registered as provided for in this chapter, ‘or used by a business organization that is not qualified as provided for in this chapter to engage in the business, or act in the capacity of, a contractor. 12. Chapter 489. 127(4) (c), Florida Statutes (1997) provides; A certified or registered contractor, or contractor authorized by a local. “construction regulation ‘board to do “contracting, may not apply for or obtain a ‘building permit for c nstruction work unless the certified or - registered contractor, do tractor authorized by a a “Local construction ‘requiation poard to do contracting, or business organization duly quaiified by said contractor, has entered into a | contract to make improvements to, or perform the contracting at, the real property specified in AIR Bahn nt vO Vv ae the application or permit. COUNT I 13. Petitioner realileges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count I. 14. Based « on the “foregoing, Respondent violated Chapter 489.129(1)(e), Florida Statutes (1997) by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting. COUNT If 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count ITI. 16. Based on the foregoing, Respondent violated Chapter 489.129(1) (c), Florida Statutes (1997) in that Respondent violated Chapter 455.227(1) i), Florida Statutes (1997) by aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice contracting contrary to Chapter 455 or 489, ‘Florida Statutes, or the rules of the “department or the Boece cou Tit aq Petitioner realleges and incorporates the allegations set forth in paragraphs one through sixteen as though fully set forth in this Count III. 18. Based on the foregoing, Respondent violated Chapter aa a Lo) . ww —489.129(1) (3), Florida Statutes (1997) by failing in any material respect to comply with the provisions of Part 1, Chapter 489, Florida Statutes by violating Chapter 489.127(4) (a), (b), or (c), Florida Statutes (1997). COUNT iv 19. Petitioner realleges and incorporates the allegations ‘set forth in paragraphs one through eighteen as though fully set forth in this Count IV. 20. Based | on the foregoing, Respondent violated Chapter 489.129(1) (n ay; Florida Statutes (1997) by committing incompetency or misconduct in the practice of contracting. COUNT _V Vv 21. Petitioner ‘realleges and incorporates the allegations set forth in paragraphs one ‘through twenty as though fully set forth in this Count Vv. 22. Based on . the foregoing, Respondent violated Chapter 489.129(1) (m), Florida Statutes (1997) by committing fraud or “deceit in the practice of contracting. “WHEREFORE, “patitioner respectfully Fequests the certificate or deqistestion. yequiré “Financial “restitution to a ri 4 ! i 4 { 4 4 4 i Ft i vo y consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. yh Signed this 25 day of Ja , 1998 Richard T. Farrell Secretary yt Leon BiegakSki Senior Attorney COUNSEL FOR DEPARTMENT: Michael D. Soifer Senior Attorney Department of Business and Professional Regulation F | L E D 5080 Coconut Creek Parkway Department of Business and Professional Regulation Margate, FL 33063 AGENCY CLERK MDS #97-14511 wes DATE. 1-8-9 8 Pce- &-2*-48 wo Berg h& Simmons

Docket for Case No: 00-002433