OX: 3d81 PL rage HAY 1S A Ue 12 Bee ATIVE pal ¥ STATE OF FLORIDA arNiSTRAL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULA CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-023288 vs. HERNAN ALFREDO GARCIA, Respondent. / ADMINISTRA’ CO Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against HERNAN ALFREDO GARCIA, ("Respondent"), and says: 1 Petitioner is the state agency charged with regulating the practice of contracting pursuarit 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 numbers CG C1107527. 3. Respondent's address of record is 3451 NW 16 Street, Miami, Florida 33125. 4. At all times material hereto, Respondent was licensed as the qualifying agent for Ail-Dade General Construction, Inc., a Florida corporation (hereinafter referred to as "Contractor"). All-Dade General Construction, Inc. does not have a certificate of authority as a qualified business organization (QB license). 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. The Contractor failed to obtain a QB license pursuant to Section 489.119(2), Florida Statutes. 7. On or about March 1, 2006, the City of Coral Gables Construction Regulation Board (“CCGCRB”) filed an Administrative Complaint against the Contractor and the Respondent alleging (Count I) that on or about November 23, 2004, the Contractor and the Respondent violated Section 489, 129(1)(d), Florida Statutes, by obtaining a building permit for nonlicensees Ernesto Zaldivar, Jr. and/or All Dade Industries Services, Inc. to perform a residential addition construction project at 1234 South Greenway Drive, Coral Gables, Florida; (Count II) that the Respondent and the Contractor violated Florida Building Code Section 105.6 by failing to obtain all inspections for permit 404110514 which the Respondent obtained to perform a residential remodeling project at 1234 South Greenway Drive, Coral Gables, Florida, and that the permit expired on October 5, 2005; and (Count II} that the Respondent and the Contractor violated the South Florida Building Code, Section 305.2 and/or the Florida Building Code, Section 105.6, by failing to obtain all required inspections for the following eleven (11) permits, all for work to be performed at addresses within the City of Coral Gables, Florida: Permit No. Address 91070576 5031 Maggiore Street 93010119 13005 San Mateo Street 93010777 860 San Pedro Avenue 93060292 13017 San Jose Street 95040092 145 Menores Avenue 96050654 19 Oviedo Avenue 00080659 1900 Granada Boulevard 00040021 517 Madeira Avenue 00060490 1019 Mariana Avenue 01110273 1200 Mariposa Avenue 04010195 600 Coral Way 8. At a hearing held by the CCGCRB on or about March 20, 2006, the CCGCRB found the Contractor guilty of Counts I, 11, and il of the Administrative Complaint and ordered that the Contractor’s permit privileges in the City of Coral Gables be suspended indefinitely. On or about March 21, 2006 the CCGCRB issued a written Order to that effect. COUNTI 9. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count L 10. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 11. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes (2005), 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 HE 12. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth in this Count II. 13. Based upon the foregoing, the Respondent violated Section 489.129(1)(h), Florida Statutes (2005), by being-disciplined by any municipality or county for an act or violation of this part. COUNT UT 14. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eighteen as though fully set forth in this Count II. . 15. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2005), by proceeding on any job without obtaining applicable local building department permits and inspections, by failing to obtain all inspections as determined in the CCGCRB proceeding against the Respondent and the Contractor. 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. 5 > th Signed this ZS _ day of Slonh— , 2007. PC Round: September 25,007 DivI: Stewart & Thornton | THEODORE R GAY ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: FILED Department of Business and Professional Regulation Theodore R. Gay AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation 8240 NW S2nd Terrace, #304 cuRK Sony 2. (Word nn Miami, FL 33166 pate - O@ 200 (305) 470-6783 Ext. 2225 TRG/sb Case #2006-023288

Docket for Case No: 08-002381PL