PELED Ga ame ta STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I PROFESSIONAL REGULATION, 02> tYleoPl Petitioner, | Case No. 2002-003133 vs. VICTOR JOSE FERMIN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against VICTOR JOSE FERMIN, ("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 Residential Pool/Spa Contractor, in the State of Florida, having been issued license number CP C057051. 3. Respondent's last known address is 650 N. State Road 7, Hollywood, Florida 33021. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Happy Pools, 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. 6. On or about September 27, 2001, the Contractor entered into a written contract with Violeta Alvardo (Customer) to finish constructing her swimming pool at 1213 SW 161* Avenue, Pembroke Pines, Florida 33027. 7. The contract price for the completion of the swimming pool was Five Thousand, Five Hundred Sixty Three dollars ($5,563.00). 8. The Contractor was contracted to complete the work that another swimming pool contractor had already started, but failed to complete. 9. The completion date of the swimming pool was to be fourteen (15) days after obtaining the permit. 10. On or about September 27, 2001, the Customer paid the Contractor a deposit of Two Thousand, Seven Hundred Eighty One dollars and Fifty cents ($2,781.50). 11. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 12. | The Contractor failed to obtain a certificate of authority as a qualified business organization for Happy Pools, Inc. 13. Onor about November 29, 2001, the Contractor applied for permit #22001383 which was issued on or about February 21, 2002 for the swimming pool project. 14. The Contractor failed to complete the project and, after about March 2002 and without just cause and notice to the Customer, failed to perform any work, thus abandoning the swimming pool project. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes (2000), by abandoning a construction project in which the contractor is engaged or under contract as a contract. 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 TT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 18. Section 489.1425, Florida Statutes, provides: any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2000), by failing in any material respect to comply to with the provisions of this part or violating atule or lawful order of the board. COUNT Of 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IIL. 21. — Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any other name than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 22. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2000), by failing in any material respect to comply to 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 telief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this }3A1__ day of Loerb- , 2002. CONSTRUCTION ATTORNEY COUNSEL FOR DEPARTMENT: [ E D Theodore R. Gay ‘ ; Department of Fe and Professional Regulation Assistant General Counsel f (Cuy pa DEPUTY CLERK Department of Business and Qu Professional Regulation 6 { ; , WM Alchole 401 NW 2 Avenue #N607 CLERK , Miami, FL 33128 pare I= 18-A0OAR (305) 376-1949 TRG/sb Case #2002-003133 Pee (0/24/20

Docket for Case No: 03-001463PL