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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs REMBERTO BELLO, 07-003492PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003492PL Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: REMBERTO BELLO
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 27, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 27, 2007.

Latest Update: Jun. 02, 2024
Jul 27 2007 14:36 arf2r/2aea7 1d:21 8589219186 DEPR PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-048871 REMBERTO BELLO, Respondent. AD: ISTRAT. OMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Indusiry Licensing Board, against REMBERTO BELLO, (“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 a Registered Plumbing Contractor in the State of Florida, having been issued license number RF11067200. 3. Respondent is registered as doing business as Loncus Plumbing Corp. Loncus Plumbing Corp. is a qualified business in the State of Florida, having been issued license number QB35026, 4. Respondent’s address of record is 882 SW 68" Ct, Miami, Florida 33144. Jul 27 2007 14:36 arf2r/2aea7 1d:21 8589219186 DEPR PAGE @4/ae 3. The Construction Trades and Qualifying Board for the Miami-Dade County Code Compliance Office (hereinafter “BCCO”) are charged with licensing contractors who practice solely within the jurisdiction of Miami-Dade County, Florida, 6, The BCCO requires all persons engaging in construction contracting in Mianxi- Dade County, Florida to successfully obtain a Competency Card from the BCCO. To obtain a Competency Card an applicant must submit an application, successfully pass a contractor’s exam, or show proof of adequate experience in lieu of a successful examination score, show proof of good credit and insurance coverage, and be approved by the qualifying board of the BCCO. 7. Respondent obtained a fraudulent Competency Card from employees of the BCCO. Respondent failed to submit an application for a Competency Card with the BCCO, Respondent did not take a contractor's exam or provide proof of experience in liew of the exam, or provide proof of good credit and insurance coverage. In addition, Respondent was not approved by the qualifying board of the BCCO for a Competency Card. 8. In or about August 2004, Respondent submitted to the Department an application for Registration and Qualifying Business License, 9. As part of the application process, the Department required Respondent to submit a copy of his Competency Card from the BCCO, and sign the attest statement on the application that Respondent had successfully completed and attained the requisite education and experience for the Registration and Qualifying Business License, 10. In orabout August 2004, at the time Respondent submitted the application, Respondent knew or reasonably Imew that Respondent's Competency Card was fraudulent and the attest statement signed by Respondent was false. Jul 27 2007 14:36 ar/27/2087 14:21 8589219186 DEPR PAGE 85/88 11. ‘The fraudulent Competency Card and attest statement were material information submitted by Respondent to the Department. 12. In or about August 2004, at the time Respondent filled out the application, Respondent knew or reasonably knew the Department would rely on the fraudulent Competency Card and attest statement in the application in its decision to issue Respondent a Registration and Qualifying Business License. 13. In or about October 2004, based upon the submission of Respondent’s fraudulent Competency Card and false attest statement, the Department issued Respondent a Registration and Qualifying Business License. COUNT I 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. . 15, Rule 61G4-15.008, Florida Administrative Code, states in part that material false statements or information submitted by applicant for registration, or renewal for renewal of registration or submitted for any reissuance of registration, shall constitute a violation of Section 489,129(1)(a), Florida Statutes, and shall result in suspension or revocation of the registration. 16. ‘Based on the Foregoing, Respondent violated Section 489.129(1)(a), Florida Statutes, by obtaining a certificate, registration, or certificate of authority by fraud or misrepresentation. COUNT Ii 17. Petitioner realleges and incorporates the allegations ‘set forth in paragraphs one through thirteen as though fully set forth herein, Jul 27 2007 14:36 ar/27/2087 14:21 8589219186 DEPR PAGE 86/88 18. Section 489.127(1)(d), Florida Statutes, provides in part that no person shall knowingly give false or forged evidence to the board or a member thereof. 19. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating arule or lawful order of the board, by having violated Section 489.127(1)(d), Florida Statutes. COUNT 01 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 21. ‘Based on the foregoing, Respondent violated Section 455.227(1)(h), Florida Statutes, by attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an crror of the department or the doard. COUNT. 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 23. Based on the foregoing, the Respondent has violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, 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 310,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or ail penalties delineated within Section 455.227(2), Florida Statutes, Jul 27 2007 14:37 arf2r/2aea7 1d:21 8589219186 DEPR PAGE @7/ae and/or any other relief that the Board is authorized to impose pursuant to Chapters 455, 489, Florida Statutes, and/or the rules promulgated thereunder. La wor DCL Signed this _day of rer , 2006. P. Brian Coats, Assistant General Counsel Counsel for Department: FILE rcteeronal Repulation and Department of Businass and frofeesonal Regulation AGENCY CLER) 1940 North Monroe Street Tallahassee, FL 32399-2202 Case No. 2006-048871 CLERK yeh: J A. (Jeshonnny PCBYtb DATE 200 ; PC Found: December 5, 2006 Division I: Brown & Cook

Docket for Case No: 07-003492PL
Source:  Florida - Division of Administrative Hearings

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