Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: DANNY CACERES
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 23, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 23, 2008.
Latest Update: Dec. 23, 2024
May 23 2008 13:36
gs/23/2888 13:19 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. (“ORI”), contracted with Ana Gil (“Gil”) to re-roof the residence located at 341 E. 43 Street,
Hialeah, FL 33013.
May 23 2008 13:36
gs/23/2888 13:19 8589219186 DEPR PAGE
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 "[nJo person who is not
certified or registered shall practice contracting in this state."
8. Based on the foregoing, Respondent has violated section 489.1 27(1)(8), Florida
Statutes, which provides that no person shall "[e|ngage in the business or act in the capacity of a
contractor ot 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 aut day of O Ake 2007.
FILED
Department of Business and Professional Regulation -
AGENCY CLERK Matthew D, Morton, Esq.
Assistant General Counsel
CURK Spy wdy 2. (edo am
oate_ / LP 3/-2007
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May 23 2008 13:36
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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-2e-O7?
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ELECTION OF RIGHTS
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: Danny Caceres
Case No: 2006-047623
Thave read the Administrative Complaint in this matter, and elect as follows:
CHECK ONE
1. () Lelect not to dispute the material facts alleged in the Administrative Complaint and wish to appear before the
Board to be heard on the conclusions of law and the issue of penalty. I therefore request a hearing not involving
disputed issues of material fact, under section 120.57(2), Florida Statutes. | understand that at the hearing I will not
be allowed to deny the facts alleged in the Administrative Complaint, but will only be permitted to submit writien
and/or oral evidence in mitigation of the charges in the Administrative Complaint or explain why the facts alleged
do not amount to a violation of law.
2. % 1 do dispute the facts alleged in the Administrative Complaint, and request that this be considered a petition
for/fihal Hearing before an Administrative Law Judge of the Division of Administrative Hearings, pursuant to
Section 120.57(1), Florida Statutes. If you select this option, you must state below which specific facts you
dispute. (Use the back of this sheet if needed.) Prior oral or written submissions to the Department regarding this
matter will_not be considered responsive to this Administrative Complaint. Regardless of your prior
communication(s) with the Department, it is required that you respond to the Administrative Complaint by selecting
one of the options on the enclosed Election of Rights forth.
3. ( ) I waive my right to object or be hearg concerning this matter, and the Department may do as it sees fit
conceming this matter.
THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT FULLY UNDERSTAND THE
TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING.
¢
Street Address City State Zi
uss 7en , FE 33335 (Bos) 21-1989
City State Zip Respondent's Daytime Phone No.
noe ceED
OBp 2 6 2097
R Agia THIS FORM TO THE ADDRESS BELOW, ATTN. SARAH WACHMAN, AGENCY CLERK
cy Clary Department of Business and Professional Regulation
1940 North Monroe Street, Tallahassee, Florida 32399-2202
Docket for Case No: 08-002558
Issue Date |
Proceedings |
Jun. 23, 2008 |
Order Closing File. CASE CLOSED.
|
Jun. 17, 2008 |
Motion to Relinquish Jurisdiction filed.
|
Jun. 04, 2008 |
Order Directing the Filing of Exhibits.
|
Jun. 04, 2008 |
Order of Pre-hearing Instructions.
|
Jun. 04, 2008 |
Notice of Hearing by Video Teleconference (hearing set for August 6, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jun. 02, 2008 |
Petitioner`s Response to Initial Order filed.
|
May 27, 2008 |
Initial Order.
|
May 23, 2008 |
Request for Administrative Hearing filed.
|
May 23, 2008 |
Administrative Complaint filed.
|
May 23, 2008 |
Agency referral filed.
|