W & ae yy, ou : ‘STATE ‘OF FLORIDA , : Z & es DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Ka ‘3 4) CONSTRUCTION INDUSTRY LICENSING BOARD Oy, Ay, . _ DIVISION r oP ui On 40 *e, “ ‘DEPARTMENT OF BUSINESS AND eC /7 PROFESSIONAL “REGULATION, : S Petitioner, - Case No. 98-22632 a . ee - eS Me ge et 00-8787 “CARLOS DIAZ, oo ee oe Respondent ; . ; 4 * i i. dove | = i qd i i : { - APMINISTRATIVE COMPLAINT EF ‘BUSINESS ‘AND. PROFESSIONAL . Petitioner, DEPA : REGULATION, a petitioner" a Files this Administrative Complaint — before the ‘Construction Industry Licensing Board, against CARLOS "DERZ, ("Respondent") and says? - Petitioner is the state agency charged with regulating “i the practice of contracting purspant to Section 20.165, Florida statutes, anid ‘chapters “455, ‘and “489, “Plorida Statutes. — has been “at all timés material Of Florida, “eértified General Contractor, ape as” qualifying agent for TRI (hereinafter referred to, as contractor) and as such was \ a BO UY responsible ‘for the acts, omissions, and financial conduct of the business: as itt slates ‘to Contracting. on. ‘or about Augu t 29, 1997, Contractor contracted JOHNSON hereinafter JOHNSON) to install a roof on an ition to ‘JOHNSON’ s wesidence, 1 1227 NW 15 Avenue, Fort wanderdale, ‘Florida. ‘the contract price was “$4, 789. 00. eds ‘The aforesaid project required a Building “permit be “No building permit was ptained and no “inspections were perfomed on “the project. a. contractor failed to return to ‘the ‘project to ‘complete it and ‘obtain a “fina 2 in sp ction “thereby abandoning ait without . just ‘cause “and without “proper notification to JOHNSON. “Said idonment continued for at least 90 consecutive days. JOHNSON paid 1008 of the contract price ‘and ‘the work c completed ‘by Contractor 3 was. less ‘than “4008 as the project did not the said contract. conte rt SSA er lm eR nee “ii. The aforesaid project required licensure as a roofing contractor. Respondent, at all relevant times did not possess Bch Licensure and the work on the project: was not ‘performed ofing contractor. 12. chapter 499.219(2), 1 Florida statutes (1997) provides that tf an applicant proposes to engage in contracting as a oe business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’ s legal name or a fictitous name where the "applicant is doing ‘business. as a sole propietorship, the business _ organization must apply for certification or registration through “a qualifying agent and, ander the fictitious nate, if any. espondent’s bi red ‘to “comply with the “aforesaid and has failed to do so. vel 3. ‘Chapter 489. 1425 cir Florida Statutes (1997), provides oe that. any agreement or contract for repair, restoration, improvement, or “construction to residential real property must : 14, Petitioner realleges and incorporates the allegations — set forth in paragraphs « one through ¢ thirteen as “though fully set “forth: an this Count I. contract as a "contractor. “9 without jest cause for 90 “con ~ set forth” in n pa graphs one ‘through fifteen as “though “gully set forth 3 in this count It. -) \ 15. “Based | on “the | foregsing, Respondent violated ‘Chapter #897) by abandoning a 7B project) may umed to be ~ shSndoned | after 90 days if the contractor terminates “the project “without just cause or without proper notification to the owner, including “the reason for eeeaiaar ion, “or fails to perform work COUNT. iH 16. Petitioner realleges — ‘a d incorporates the allegations _ o be Based on >the - forest ing, / Respondent violated Chapter 18 Petitioner realleges and ‘incorporates ‘the allegations | et ‘forth in ‘paragraphs ont through geventeeh as though fully set orth in this count 111. d Chapter 8B sed: on. the. ‘foregoing, “Respondent violate ~-489.129(1 1) G)e ‘Florida statutes. (1997) by failing in any “material © “comply with the provisions “of ‘part ‘Ly, Chapter 489, 4 spe t t “BibETaE ‘statutes by “violating ‘Chapter 489.119(2) in failing to ~~ “apply for “certification or registration of a business organization through a qualifying ‘agent and under the fictitious “mame, if any, under which the business organization is doing forth in this Cc 21. “Baged on the foregoing, “Respondent violated Chapter {997) by proceeding on any job nent permits set forth in this Count ‘chapter 489.115 (1), plorida Statutes (1997), provides 33. Res ondent violated Chapter i da Statutes 489. 129(1) (3), F (1997) by failing in any material respect to comply. with the provisions of Part 1, Chapter 489, “Florida Statutes in violating Chapter 489. 115(1), Florida “statutes: (997), by engaging in the ‘business of roofing contracting in ‘this state without first “being certified or : registered as ‘roofing contractor. COUNT VI | a a a 25. 1 Petitioner realleges and incorporates the allegations: set forth in paragraphs « one “through Suenty- four as “though fully a , 26. ‘Based on the foregoing, Respondent violated Chapter Ags: 12912) ( 3)7 Fl ida “Statutes "(1997)" by failing in any material “respect to. mpiy with the | visions oF bart 1, ‘Chapter 489, -489.129(1) (n), Florida Statutes (1997) by committing incompetency WHEREFORE, Petitioner respectfully requests the ion Industry Licens! rd enter an Order imposing one “or more of the following penalties: ‘place on probation, reprimand : the licensee, revoke, suspend, deny the issuance or renewal of the _ impos se an administrativ “violation, require continuing ‘education, “assess “costs associated “with | investigation | and ‘prosecution, impose : any or all penalties “delineated within Section 455. 22712), Florida statutes, and/or any “other relief that. the ‘Board is authorized to impose pursuant to “Chapters 468, atutes, and/or ‘the ‘Vuleés promulgated thereunder. ‘Signed this 7 day of Fthroey , 999 Cathleen O'Dowd “Lead Attorney ~ ) Jan. 25, 2000 FILED ig. 401 NW 2" Street, N607 Departnant of Busines and Professional Regulation Miami, Florida 33128-1765 = "ss DEPUTY CLERK MDS . December 15, 1999 ae a y Case ¥98-22632 a cuern 4 und dof J, ‘certificate or registration, require financial restitution to a fine not to. “exceed $5, 000 per’ POLO. “ TRRERBARRORISIITRNN tT rinteTtRErTerEER-<- “Yer: penremmmrnmererepererer- se pp Gene Simmons / Poul! Me CKitri OK

Docket for Case No: 00-002727PL