Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: MANUEL RIVERO
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Feb. 21, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 12, 2001.
Latest Update: Dec. 24, 2024
FILER
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL necunet Re) PH I2,
8
CONSTRUCTION INDUSTRY LICENSING BOARD pj),
DIVISION I & II “Sra
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Case No. 99-08601
vs.
MANUEL RIVERO,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner"), files this Administrative Complaint
before the Construction Industry Licensing Board, against MANUEL
RIVERO, ("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.
2. Respondent is, and has been at ail times material
hereto, a Certified General Contractor and a Certified Roofing
Contractor, in the State of Florida, having been issued license
numbers CG C010229 and CC CO010868.
3. Respondent's last known address is 59 East 16° Street,
Hialeah, Florida 33010-3125.
4, At all times material hereto, Respondent was the
licensed qualifier for Rivero Construction, Inc. (hereinafter
referred to as "RCI") and was responsible in such capacity for
all of its contracting activities.
COUNT I
5. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through four as though fully set
forth in this Count I.
6. On or about June 19, 1996, Manuel Chamizo entered into
a contract with Edgar Baez for the construction of a parking lot
at 4719 and 4735 Palm Avenue, Hialeah, Florida, for $7,090.00.
Pursuant to an agency relationship with, or an assignment from,
Baez, or by some other means, Baez’s rights and obligations
pursuant to the contract were, or shortly thereafter became,
RCI’s.
7. At the direction of Baez, payments pursuant to the
contract were to be paid to RCI. Pursuant to that direction,
Chamizo made payments to RCI totaling $6,440.00.
8. RCI performed or attempted to perform, but did not
complete, the work called for by the contract. On or about August
1996, while working on the project, RCI broke a water main,
causing the jobsite to be flooded. At that time RCI terminated
the project without just cause or notification to Chamizo, and
thereafter RCI performed no further work.
9. Based upon the foregoing, the Respondent is guilty of
having violated Section 489.129(1) (k), Florida Statutes (1995),
by abandoning a construction project in which the contractor is
engaged or under contract as a contractor. A project may be
presumed abandoned after 90 days if the contractor terminates the™
project without just cause or without proper notification to the
owner, including the reason for termination, or fails to perform
work without just cause for 90 consecutive days.
COUNT IT
10. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through four and six through eight as
though fully set forth in this Count II.
11. On or about June 15, 1998, Chamizo filed a lawsuit,
Case #98-9279 CC23, in the County Court in and for Miami-Dade
County, Florida, against Edgar Baez and RCI, seeking entry of a
civil judgment against the defendants for breach of contract and
other matters related to or arising out of the June 19, 1996
contract.
12. On or about August 18, 1998, a Final Judgment was
entered in favor of Chamizo and against Edgar Baez and RCI in the
principal amount of $8,490.00, plus costs in the amount of |
$228.00, for a total of $8,718.00.
13. CILB Rule 61G4-17.001(23), Florida Administrative Code,
reads as follows:
For purposes of Section 489.129(1) (xr) [now Section
489.129(1) (q)], F.S., “reasonable time” means ninety
(90) days following the entry of a civil judgment
that is not appealed. The Board will consider a
mutually agreed upon payment plan as satisfaction of
such a judgment so long as the payments are current.
14, The Respondent has failed to satisfy the judgment
within a reasonable time.
15. Based upon the foregoing, the Respondent is guilty of
having violated Section 489.129(1) (r), Florida Statutes (1997),
by failing to satisfy within a reasonable time, the terms of a
civil judgment obtained against the licensee, or the business
organization qualified by the licensee, relating to the practice
of the licensee’s profession.
COUNT ITT
16. Petitioner realleges and incorporates the allegations
set forth in paragraphs one through four, six through eight, and
eleven through fourteen as though fully set forth in this Count
III.
17. At all times material hereto, RCI failed to obtain
certification or registration as, or obtain a certificate of
authority as, a business organization as required by Section
489.119(2), Florida Statutes.
18. Based upon the foregoing, the Respondent is guilty of
having violated Section 489.129(1) (3), Florida Statutes (1995),
by failing in any material respect to comply with the provisions
of this part or violating a rule or lawful order of the board.
WHEREFORE, Petitioner respectfully requests the
Construction Industry Licensing Board 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 certificate or registration, require financial
restitution to a 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.
Signed this K day of « < o a , 2000.
CATHLEEN E. O! DOWD
LEAD CONSTRUCTION ATTORNEY
FILED”
Department of Business and Professional Regulation
COUNSEL FOR DEPARTMENT: DEPUTY CLERK
Theodore R. Gay {2 y WN icelt
Assistant General Counsel CLERK
Department of Business and & - -
Professional Regulation DATE (3 2000
401 NW 2 Avenue #N607
Miami, FL 33128
(305) 377-7115
TRG/sb
3/17/00
Case #99-08601
fer. os|a4)5> 5
Burkert berename
Wee + Lier
Docket for Case No: 01-000721PL
Issue Date |
Proceedings |
Sep. 17, 2001 |
Motion to Withdraw (filed by Respondent via facsimile)
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Aug. 01, 2001 |
Motion to Reopen Case (filed via facsimile).
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Jun. 12, 2001 |
Order Closing File issued. CASE CLOSED.
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Jun. 05, 2001 |
Petitioner`s Motion for Continuance (filed via facsimile).
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May 31, 2001 |
Petitioner`s Unilateral Pre-hearing Statement (filed via facsimile).
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May 24, 2001 |
Letter to Judge Sartin from Dennis Donet, rescheduling hearing (filed via facsimile).
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May 15, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 4 and 5, 2001; 9:30 a.m.; Miami, FL).
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May 08, 2001 |
Motion to Reschedule Hearing (filed by Petitioner via facsimile).
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May 03, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 5 and 6, 2001; 9:30 a.m.; Miami, FL).
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Apr. 26, 2001 |
Respondent`s Motion to Continue Formal Hearing (filed via facsimile).
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Apr. 25, 2001 |
Amended Notice of Video Teleconference issued. (hearing scheduled for May 7, 2001; 9:00 a.m.; Miami and Tallahassee, FL, amended as to video, time, and location).
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Apr. 04, 2001 |
Request for Production (filed by Respondent via facsimile).
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Mar. 09, 2001 |
Manuel Rivero`s Amended Response to Initial Order (filed via facsimile).
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Mar. 02, 2001 |
Order of Pre-hearing Instructions issued.
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Mar. 02, 2001 |
Notice of Hearing issued (hearing set for May 7, 2001; 9:30 a.m.; Miami, FL).
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Mar. 01, 2001 |
Joint Response to Initial Order (filed via facsimile).
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Feb. 21, 2001 |
Administrative Complaint filed.
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Feb. 21, 2001 |
Initial Order issued.
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Feb. 21, 2001 |
Manuel Rivero`s Answer, Request for Hearing of Disputed Issues and Response to Administrative Complaint filed.
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Feb. 21, 2001 |
Election of Rights filed.
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Feb. 21, 2001 |
Notice of Appearance (filed by D. Donet).
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Feb. 21, 2001 |
Agency referral filed.
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