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: Feb. 02, 2025
Jul 27 2007 14:36
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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.
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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.
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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,
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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,
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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
Issue Date |
Proceedings |
Sep. 27, 2007 |
Order Closing File. CASE CLOSED.
|
Sep. 26, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 20, 2007 |
Pre-Hearing Stipulation filed.
|
Aug. 01, 2007 |
Order of Pre-hearing Instructions.
|
Aug. 01, 2007 |
Notice of Hearing by Video Teleconference (hearing set for October 3, 2007; 9:30 a.m.; Miami and Tallahassee, FL).
|
Jul. 31, 2007 |
Joint Response to Initial Order filed.
|
Jul. 30, 2007 |
Initial Order.
|
Jul. 27, 2007 |
Election of Rights filed.
|
Jul. 27, 2007 |
Administrative Complaint filed.
|
Jul. 27, 2007 |
Agency referral filed.
|