STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, [yt Od3 ej p Cc Petitioner, Case No. 2005-005301 Vs. JOSE PAREDES, > 8 mee “Ty Respondent. MES Bas } e727 . ase yu i ADMINISTRATIVE COMPLAINT = = “ss ree) Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSE PAREDES, ("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 Commercial 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. 2 3. 4, Ag 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 489.1195(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. The Contractor failed to renew its certificate of authority as a qualified business organization. 7, ° Onor about May 14, 2004, the Contractor entered into a written contract with Gilles Mannarini (hereinafter referred to as “Mannarini”) for the construction of a swimming pool with a spa at Mannarini’s residence located at 4160 Hardie Avenue, Miami, Florida, 8. The contract price was Twenty Three Thousand Three Hundred dollars ($23,300.00). 9. From about May 14, 2004 through September 22, 2004 Mannarini paid the Contractor Sixteen Thousand Three Hundred Ninety dollars ($16,390.00). 10. | The Contractor performed or attempted to perform, but failed to complete, the work called for in the contract, Without just cause, after September 2004 the Contractor performed no further work, thereby abandoning the project. 11. Onor about October 29, 2004 the Contractor filed a voluntary chapter 7 ’ bankruptcy petition in the United States Bankruptcy Court for the Souther District of Florida, Case #04-40223. 12. | Mannarini hired others to complete the project. The project was completed and received an approved final inspection on or about March 11, 2005. COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twélve as though fully set forth in this Count L 14. Section 489.119(2)(d), Florida Statutes, provides inter alia that a certificate of authority must be renewed every 2 years. 15, Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2003), by tailing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT 1 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth in this Count IL. 17. Based upon the foregoing, the Respondent violated Section 489,129(1)q), 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 dnd 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. MOOG Signed this 2\ day of Jan ae 2005. é heels. Be... = THEODORE R. GAY ] ASSISTANT GENERAL COUNSEL “ COUNSEL FOR DEPARTMENT: F Business and Professional Regulatiun Department of me AGENCY CLERK Theodore R. Gay Assistant General Counsel Department of Business and Professional Regulation 8685 NW 53” Terrace, #100 cure Spypdy Le Werks om Miami, FL 33166 bs (305) 470-6783 Ext, 2225 - pAtE_ 2 Vo 2Oos TRG/sb Case #2005-005301 PC Found: January 31, 2006 Division II: Watts & Pletanza

Docket for Case No: 07-000334PL