cE ET 3 bea # rs be O3 APR 23 PMI2: 32 Ae ik Ry ACMIRISTRATIVE HEARINGS STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION 1 & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, 0 2. iY lo bye -Case No. 2001-08087 vs. JOSE A. FERNANDEZ, JR, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ('Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSE A. FERNANDEZ, JR, ("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 Certified Roofing Contractor and a Certified General Contractor, in the State of Florida, having been issued license numbers CC C057008 and CG C025748. 3. Respondent's last known address is 1401 SW 107" Avenue, Suite 301-W, Miami, Florida 33174. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Buildtec Construction Group, Inc. (hereinafter referred to as “Contractor”). 5. Section 489.1195(1)(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. COUNT I 6. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five as though fully set forth in this Count I. 7. At no time material hereto, was Ramon Rosales, registered, certified, properly qualified, or licensed to practice contracting in the State of Florida, nor did that name appear on the Respondent’s license. 8. On or about January through Febmary, 1999, Ramon Rosales entered into an informal written contract with Raul & Edith Morales (“Customers”) to build a roof on their newly constructed addition at 10823 SW 152™ Place, Miami, Florida for One Thousand, Five Hundred dollars ($1,500.00). The contract price included the cost of permits. 9. The Customers paid Rosales One Thousand, Two Hundred Forty Eight dollars ($1,248.00) of the contract price. 10. The Contractor applied for and obtained, or allowed his license number to be used by or for the benefit of Rosales to apply for and obtain, from Miami-Dade County building permit number 1999045337, issued on or about March 4, 1999 for work on the Customers’ construction project. 11. On or about December 20, 2000, the roofing work received a failing final inspection. 12. On or about May 23, 2002, the Contracted indicated in a letter that he would attempt to renew the permit, call for a lift test and obtain a final inspection. 13. At all times material, the Respondent knew or had reasonable grounds to know that Rosales was not registered, certified or qualified to engage in the practice of contracting in the State of Florida. 14, At all times material, there was no contract between Customers and the Contractor. 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes (1998 Supp.), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant ~ knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through five and seven through fourteen as though fully set forth in this Count I. 17. Section 489.127(4)(b) and (c), Florida Statutes (1998 Supp.), provides in pertinent part as follows: (b) Acertified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certification 3 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. (c) 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 construction work unless the certified or registered contractor, or contractor authorized by a local construction regulation board to do contracting, or business organization duly qualified by said contractor, has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (1998 Supp.), by failing in material respect to comply with the provisions of this part or violating a rule or lawful 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 DOT day of Decenee , 2002. Fl f Busi ional Regulation tment of Business and Profassiona oe DEPUTY CLERK P CREEHAN 7) Siidelt CHIEF CONSTRUCTION ATTORNEY CLERK Prardmn - 4 DATE 2-23-2002 _ COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 401 NW 2 Avenue #N607 © Miami, FL 33128 U fe-1 (305) 376-1949 TRG/sb Case #2001-08087 PCP : (Z[1o /20et

Docket for Case No: 03-001462PL