Sep 20 2007 15:56 ag/2e/e8e7 16:39 8589219186 DEPR PAGE 45/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2004-009699 V5. ANTONIO GALVEZ, Respondent. / AD. 8 COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ANTONIO GALVEZ, ("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 General Contractor, in the State of Florida, having been issued license number CG C003823. 3. Respondent's address of record is 838 E. 26" Street, Hialeah, Florida 33013. 4, At all times material hereto, the Respondent was licensed as the qualifying agent of Sep 20 2007 15:56 ag/2e/e8e7 16:39 8589219186 DEPR PAGE 46/18 All Residential Remodeling & Financing (‘ARR&F”), At various times material hereto, ARR&F was a Florida corporation also known as All Residential Remodeling & Financing, Inc. and/or was a Florida fictitious name also known as All Residential Remodeling & Finance owned by Primeamerica Financial Group, Co., a Florida corporation with no qualified business organization certificate of authority. On or about June 2, 1997, All Residential Remodeling & Financing, Inc. was issued qualified business organization certificate of authority number QB0007245. On or about August 31, 2001, QB0007245 expired and subsequently became null and void. 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, At all times material hereto, Mari Construction Company (hereinafter referred to as “MCC”) was a Florida corporation and was not licensed to practice construction contracting in the State of Florida. The Respondent knew or had reasonable grounds to know that MCC was not licensed to practice construction contracting in the State of Florida. 7. At all times material hereto, the Respondent agreed to the use of, or knowingly allowed the use of, his certified general contracting license number by MCC in contracts, building petmit applications, advertising, or otherwise to engage in the business or act in the capacity of a contractor. &. On or about November 19, 2002 John V. Llanes (hereinafter referred to as “Lianes”) entered into a written contract with MCC for the construction of an addition to Lianes’s residence located at 801 SW 176" Avenue, Pembroke Pines, Florida. Sep 20 2007 15:56 ag/2e/e8e7 16:39 8589219186 DEPR PAGE @7/1a 9. The contract price was Twelve Thousand Nine Hundred Sixty Eight dollars (312,968.00). 10. The contract contained the Respondent’s certified general contractor license number. 11. From on or about November 19, 2002 through November 20, 2003 Llanes made payments to MCC totaling Ten Thousand Ten dollars ($10,010.00). Llanes also paid a dumpster fee of Three Hundred Fifty dollars ($350.00) which MCC credited toward the contract price. 12. Onor about January 29, 2003 a building permit application for the project was submitted to the City of Pembroke Pines building department. The application listed the Respondent as the contractor for the project, the application included the Respondent’s certified general contractor license mumber CG C003823, and the application was signed by the Respondent. The application was approved, and on or about June 25, 2003 City of Pembroke _ Pines building permit number 22304435 was issued. 13. The contract called for work on the project to begin when the building permit was issued and included an estimate of one to three months’ time to complete the project. 14. During July 10-17, 2003, MCC performed or attempted to perform, but did not complete, the work called for by the contract, Thereafter, and without just cause and notice to Llanes, MCC performed no work for more than 90 consecutive days, thereby abandoning the project. In November 2003 MCC once again performed or attempted to perform, but did not complete, the work called for by the contract. On or about December 18, 2003, Llanes terminated the contract. 15. Llanes has incurred or will incur substantial additional expense to have the project Sep 20 2007 15:57 ag/2e/e8e7 16:39 8589219186 DEPR PAGE 88/18 completed. C TI 16. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(d), Florida Statutes (2001), by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, ifthe certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT H 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count I. 19. Section 489.127(4), Florida Statutes (2001), prohibits a contractor from agreeing to the use of, or knowingly allowing the use of, the contractor’s license number by a person or business that is not licensed to practice contracting and prohibits a contractor from applying for or obtaining a building permit for construction work for which the contractor has no contract. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)@, Florida Statutes (200 1), 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 Hr 21. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count 1. Sep 20 2007 15:57 ag/2e/e8e7 16:39 8589219186 DEPR PAGE 89/14 22. Based upon the foregoing, the Respondent violated Section 489,129(1)\j), Florida Statutes (2001), by abandoning a constriction 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. COUNT IV 23. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth in this Count IV. 24, Section 489.119(2)(d), Florida Statutes, provides, inter alia, that a certificate of authority must be renewed every 2 years. 25. Based upon the foregoing, the Respondent violated Section 489.129(1)@), Florida Statutes (2001), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. 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. Sep 20 2007 15:57 o/28/2687 15:39 8589219186 DEPR PAGE 16/18 . a“ Signed this P, By of Oo indy 2 , 2005. TY kesntiag. JO la mur ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay sional Raguiation Assistant Genetal Counsel Dapartment of Buss an ERK Department of Business and DEPU Professional Regulation ; 8685 NW 53” Terrace, #100 ext onandn ’ Miami, FL 33166 oF "G-2A-2005 (305) 470-6783 Ext. 2225 DATE TRG/sb Case #2004-009699 PC Found: July 26, 2005 Division I: L. Chung & J. Cox

Docket for Case No: 07-004378PL