CY~ HAS PC STATE OF FLORIDA . 2? DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ee 2, CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2002-001257 vs. JORGE EUGENIO HERNANDEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JORGE EUGENIO HERNANDEZ, ("Respondent"), anid 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 General Contractor, in the State of Florida, having been issued license number CG C061029. 3. Respondent's last known address is 4884 Sheridan Street, Hollywood, Florida 33021. 4. At all times material hereto, Respondent was licensed as an Individual. 5. On or about June 27, 2001 through August 20, 2001, J. Lynn Construction, Inc., business organization certificate of authority #QB 0020209 (“J. Lynn”) entered into nine (9) written contracts with Four Seventy Five, LLC (“475”) to renovate a commercial office building owned by 475 and located at 475 Ramblewood Drive, Coral Springs, Florida. The renovations did pot include roof work. 6. The total price for the nine (9) contracts was Ninety Eight Thousand Five Hundred Thirty Five dollars and Fifty Five cents ($98,535.55). 7. At all times material hereto, J. Lynn’s only qualifying agent was Jess Temple, a registered roofing contractor, having been issued license #RC 0066740. 8. Pursuant to the nine (9) contracts between J. Lynn and 475, during the period from about July 6, 2001 through September 1, 2001, 475 paid J. Lynna total of Fifty Three Thousand Three Hundred Ninety Two dollars and Seventy Seven cents ($53,3 92.77). . 9. Onor about August 31, 2001, the Respondent obtained permit #01-00004669 from the City of Coral Springs Building Department for 475’s construction project. At that time the Respondent had not entered into a contract to perform the permitted work. 10. On or about October 4, 2001, P & H Interiors, Inc. (“PHT”) entered into two (2) written contracts with the Respondent, d.b.a. Calvary Construction Company to rewire, and install disconnect breakers on, the air conditioning equipment at 475’s commercial office building. The total price for the two (2) contracts was Four Thousand Fifty dollars ($4,050.00). At all times material hereto, the Respondent was not a licensed electrical contractor. 11. Pursuant to the two (2) contracts between the Respondent and PHI, on or about October 12, 2001, 475 paid the Calvary Construction Company Four Thousand Eighty Eight dollars ($4,088.00). 12. The Respondent performed or supervised the performance of all work performed pursuant to all eleven (11) contracts. Some of the work that was performed was defective, including but not limited to the installation of a concrete 6’x 6’ loading ramp that failed inspection and the installation of a drywall ceiling without staggered drywall joints. 13. On or about October 25, 2001, the City of Coral Springs Building Department issued a Stop Order (all work suspended until further notice) for proceeding with construction without obtaining required inspections. ~ 14. Subsequently PHI and 475 fired J. Lynn and the Respondent and hired another contractor to complete the construction project, at substantial additional cost, due to the cost to correct defective construction and to replace damaged or defective construction materials, or due to other factors. COUNTY 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)(@®, Florida Statutes (2000), by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. COUNT 17. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fillly set forth in this Count I. 18. Section 455.227(1)(o), Florida Statues, provides: practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform is grounds for which disciplinary actions may be taken. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(c), Florida Statutes (2000), by violating any provision of part I of chapter 455. . COUNT 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though filly set forth in this Count III. 21. Based upon the foregoing, the Respondent violated Section 489. 129(1)(0), Florida Statutes (2000), by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IV. 23. Based upon the foregoing, the Respondent violated Section 489. 129(1)(m), Florida Statutes (2000), by committing incompetency or misconduct in the practice of contracting. COUNT V 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count V. 25. Section 489.127(4)(c), Florida Statutes, states: “ A certified or registered 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.” 26. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2000), 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. yo day of Prorat , 2003. Signed this AZ PCP Found: 3-26-03 CHIEF CONSTRUCTION ATTORNEY Div I: Karcher/Lambert E D ylation COUNSEL FOR DEPARTMENT: sas ana Prvessional Ral department ot MEPUTY CLERK Theodore R. Gay Wn : Assistant General Counsel © ( u Pardo fe 2, Department of Business and LERK 00 : Professional Regulation o Ye We 208=- 8685 NW 53” Terrace, #100 paATE Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2002-001257

Docket for Case No: 04-001135PL