Apr 20 2007 3:56 Gd4/2e/ 2887 8a:dd 8589219186 DEPR PAGE @3/a9 } } STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No.: 2004-050721 JOSE DEL VALLE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JOSE DEL VALLE ("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. At all times material hereto, Respondent was a Certified Building Contractor in the State of F lorida, having been issued license number CB C1250194. 3. Respondent's last known address of record is 1800 Elkeam Blvd, Suite C, Deltona, Florida 32725. 4. At all times material hereto, Respondent was doing business as J&J Builders & Renovators. At all timers material hereto, J&J Builders & Renovators was a qualified business (License No. QB 1250194), for which Respondent is its primary qualifying agent. 5. On or about September 1, 2004, Steven Valle (“Valle”) entered into a contract with Robert Carpio (“Carpio”) to replace his roof located at 3041 Bond Street, Deltona, Florida. Apr 20 2007 3:56 ad/26/2087 GB:44 8509219186 DEPR PAGE a4/ag } 6. The contract price for the aforementioned project was $8,653.00. 7. At no time material hereto, was Valle either certified or registered to engage in the practice of contracting in the State of Florida. 8. Respondent either knew or had reasonable grounds to know that Valle was neither certified nor registered to engage in the practice of contracting in the State of Florida. 9. With Executive Order 04-197 in effect, on or about September 14, 2004, Respondent was issued a re-roof permit from the City of Deltona (Permit No. 04-04358) for the aforementioned project. 10. Valle commenced work on the project on or about September 18, 2004. 11. Valle completed work on the project on or about September 25, 2004. 12. Atno time during the project was Valle an employee of Respondent. 13. Atno time during the project did Respondent supervise the construction project. 14. At no time material hereto, did Respondent enter into a contract with Carpio for the construction work on Carpio’s residence as specified in the perinit applied for and issued to Respondent as required by Section 489.127(4)(c), Florida Statutes. COUNTI is. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen above as though fully set forth therein. 16. Section 489.127(4)(c), Florida Statutes, provides that a certified or registered contractor, may not apply for or obtain a building permit for construction work unless the certified or registered contractor has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. 17. Based on the foregoing, Respondent violated Section 489. 129(1)@), Florida Apr 20 2007 3:56 Gd4/2e/ 2887 8a:dd 8589219186 DEPR PAGE @5/ag } | Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489.127(4)(c), Florida Statutes. COUNT It 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through ten above as though fully set forth therein. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes, 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 petson or entity was uncertified or unregistered, WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. AT “Looe Signed this 29 day of an Oe , 2005, FILED Coe Department of Business and Professional Regulation Charles J. Pellegrini AGENCY CLERK Assistant General Counsel CJP/amm O4/20/2087 8a:dd4 8589219186 DEPR CIP/amm CL Cf Case #: 2004-050678 } PC Found: January 24, 2006 Division I: Lang & Del Vecchio Apr 20 2007 8:56 PAGE 86/89

Docket for Case No: 07-001817PL