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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs DANNY CACERES, 07-005728 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005728 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: DANNY CACERES
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Dec. 18, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 3, 2008.

Latest Update: Dec. 24, 2024
Dec 18 2007 14:59 12/le/2ae7 15:44 8589219186 DEPR PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2006-047623 DANNY CACERES, Respondent. / . ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against DANNY CACERES, ("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. Petitioner has jurisdiction over the unlicensed practice of contracting pursuant to section 455.228, Florida Statutes, 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 4, Respondent’s last known address of record is 3735 E. Coquina Way, Weston, FL 33332, . 5. On or about January 12, 2006, Respondent, doing business as Danny’s Repairs, Inc. (“DRI”), contracted with Ana Gil (“Gil”) to re-roof the residence located at 341 E. 43 Street, Hialeah, FL 33013, Dec 18 2007 15:00 12/le/2ae7 15:44 8589219186 DEPR PAGE @4/ae 6. The total contract price was $9,918.00, of which $9,917.88 was paid by Gil to Respondent. 7, Section 489.113(2), Florida Statutes, provides that "[n]o person who is not certified or registered shall practice contracting in this state." 8. Based on the foregoing, Respondent has violated section 489.127(1)(f), Florida Statutes, which provides that no person shall "[e]ngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization...without being. duly registered or certified or having a certificate of authority.” 9. As of the date signed below, Petitioner finds probable cause for the charges contained herein. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 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. Signed this 2a day of CO Aehes , 2007. FILED Department of Business and Professional Regulation AGENCY CLERK Matthew D. Morton, Esq. Assistant General Counsel cuRK Sopwdy 2 Werlom om DATE 10-3/-2007 Dec 18 2007 15:00 12/18/2087 15:44 8589219186 DEPR PAGE 85/88 COUNSEL FOR DEPARTMENT: Matthew D. Morton, Esq. Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #: 2006-047623 PC Found [O-td-O7

Docket for Case No: 07-005728
Source:  Florida - Division of Administrative Hearings

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