STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OT OBDD( PL Petitioner, : Case No. 2004-057797 NAY Ald vs. JOSE PAREDES, Respondent. Luv: LS] it SON ley 0 Holey OZ cd BI nye iggy | A / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, a ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSE PAREDES, ("Respondent"), and says: Petitioner is the state agency charged with regulating the practice of contracting 1. pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. . Respondent is, and has been at all times material hereto, a Certified Commercial 2 Pool/Spa Contractor and a Registered Commercial Pool/Spa Contractor, in the State of Florida, having been issued license numbers CP C057304 and RP 0065151. Respondent's address of record is 7028 Pecan Court, Winter Park, Florida 32792 3. 4, At all times material hereto, Respondent was licensed as the qualifying agent for J. P. Enterprises, Inc., a Florida corporation (hereinafter referred to as "Contractor"), The Contractor was issued qualified business organization certificate of authority number QB0003045, which expired on August 31, 2003 and was not thereafter renewed. 5. Section 489.1 195(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. The Contractor failed to renew its certificate of authority as a qualified business organization. 7. On or about April 28, 2004, the Contractor entered into a written contract with Pablo and Adaismay Mejia (hereinafter referred to as the “Mejias”) for the construction ofa swimming pool with a deck at the Mejias’ residence located at 4540 SW 144" Avenue, Miami, , Florida. 8. The contract price was Nineteen Thousand Four Hundred dollars ($19,400.00). 9. The contract did not include a notice explaining the consumer’s rights under the Construction Industries Recovery Fund. 10. From about April 28, 2004 through August 8, 2004 the Mejias paid the Contractor Bight Thousand Seven Hundred Thirty dollars ($8,730.00). 11. ) The Contractor performed or attempted to perform, but failed to complete, the work called for in the contract. Without just cause and notice to the Mejias, after September 2004 the Contractor performed no further work, thereby abandoning the project. 12. On or about October 29, 2004, the Contractor filed a voluntary chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Southern District of Florida, Case #04-40223. 13. . The Mejias hired others to complete the project. The project was completed and received an approved final inspection on or about May 17, 2005. COUNTI 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count L 15. Section 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2-years. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2003), by failing in any material respect to comply with the provisions of this part or: violating a rule or lawful order of the board. COUNT I 17. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count I. 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)(i), Florida Statutes (2003), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT DI 20. | Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count IIT. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)()), Florida Statutes (2003), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. 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. 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. OG Signed this 2 st day of (MOLL LL} _, 2065. Department of Business and Professional Regulation YT keaatires, fe, AGENCY CLERK a RB %,] THEODORE R..GAY ASSISTANT GENERAL COUNSEL curk Sindy 2. Workman 4 oate_“27 VS- ZOO COUNSEL FOR DEPARTMENT: Theodore R: Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 Miami, FL 33166 (305) 470-6783 Ext. 2225 TRG/sb Case #2004-057797 PC Found: January 31, 2008 Division |!; Watts & Pietanza ~

Docket for Case No: 07-000331PL