Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: JOSE A. FERNANDEZ, JR.
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Apr. 23, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 13, 2003.
Latest Update: Feb. 22, 2025
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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