STATE OF FLORIDA - a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-05537 NELSON DAVID CASTILLO, Respondent. / Pa re ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against NELSON DAVID CASTILLO, ("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 all times material hereto, a Swimming Pool/Spa Servicing Contractor in the State of Florida, having been issued license number CP C056869. 3. Respondent's last known address is 17641 Southwest 87" Avenue, Miami, Florida, 33157. 4. At all times material hereto, Respondent was licensed as qualifying agent of omy ttre Spe + TT CRIT RENEE FE 7 sept ee ere > rer TE ETRE ESO pre pe Kristal Blue Pool Company of Miami. 5. Section 489.1195(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the " organization in general and for each specific job. 6. In or around March 2000, Respondent entered into a verbal contract with Harmut Schoenau (hereinafter “Schoenau”), to build a pool, enclosure, and deck at Schoenau’s residence located at 2367 Coral Point Drive, Cape Coral, Florida. 7. Respondent obtained permit number 00-93595, which contains Respondent’s signature, to construct the swimming pool. 8. Respondent has a Class C Swimming Pool/Spa Servicing Contractor’s license. 9. Section 489.105(1), Florida Statutes (1999), provides, in part, that a.“Swimming pool/spa servicing contractor” means @ “contractor whose scope of work involves, but is not limited to, the repair and servicing of any swimming pool, hot tub or spa, whether public or private, or otherwise, regardless of use. 10. | Respondent would need a Residential pool/spa contractor’s license or a . Commercial pool/spa contractor’s license in order to construct a swimming pool. 11. Schoenau paid Respondent $8,000.00 and Respondent completed the excavation frame work, poured the shell, did rough plumbing without hook-ups, and completed some wiring 12. Respondent ceased work on the project in or around May 2000, and Schoenau converted the permit to an owner/builder permit and completed the project for a cost of approximately $6,500.00. eae STREET RR RI ae CONE ER oer” Er ih A i ahaa a ars COUNTI 13. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 14. Section 489.115(1), Florida Statutes (1999), provides that no person may engage in the business of contracting in this state without first being certified or registered in the proper classification. 15. Based on the foregoing, the Respondent violated Section 489. 129(1)@), Florida Statutes (1999), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, to wit; Section 489.115(1), Florida Statutes (1999), by contracting outside the scope of his license. COUNT I 16, Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Twelve as though fully set forth herein. 17. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (1999), by committing incompetency or misconduct in the practice of contracting. 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), TOE RR IEEE TE TE EMER RC MEP Ree mpeg ger pe i a hae A ce 9 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. ef Construction Attorney Signed this_A rN day of | | , 2001. . itt et A'Crabill COUNSEL FOR DEPARTMENT: dD. Regulation Theodore R. Gay ‘ an L a Assistant General Counsel Department © DEPUTY CLERK and fv . Angela C. Desmond Aco Pyrprdir , Assistant General Counsel CLERK | -200) Department of Business and - Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 pee ACD 2000-05537 er pc! ie Teme or ore

Docket for Case No: 02-000001PL