Sep 1? 2008 14:29 gq/l7/2aee ld: 27 8589219186 DEPR PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No, 2007-060202 YIZY WEINGARTEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against YI2Y WEINGARTEN ("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 cab all times material hereto, a Certified General Contractor, license number CGCA1l4111, in the State of Florida, which is currently in “current active” status. | 3. Respondent’s addresses of record are 1722 Avenida Del Sol, Boca Raton, Florida 33432; Post Office Box 9400, Coral GAOGC\Coats\2007 AC\Weingarten-AC-2007-060202(1 19(2)(d),(127)(4)(c),d,m).doc Sep 1? 2008 14:29 gq/l7/2aee ld: 27 8589219186 DEPR PAGE @4/ag Springs, Florida 33075; 3550 NW 8" Avenue, Unit 409, Pompano Beach, Florida 33064. 4. At all times material hereto, Respondent ‘was the primary qualifying agent for Elite General Contractors, Ine. (“Elite”), 5. At all times material hereto Elite did not possess a qualified business license as required by Section 489.119(2), Florida Statutes. 6. On or about March 25, 2007, Lorivalde MNascimento (“Nascimento”), deing business as AAA Remodeling Group, Inc. (“ABA Remodeling”), entered inte a contract with Kelli Furton (“Furton”) to remodel and convert the garage/carport of a residence located at 400 NE 30 Street, Wilton Manors, -Florida for $26,000.00. 7. Furton paid AAA Remodeling approximately $19,000.00 for the project. 8. At no time material hereto, was Nascimento duly Certified or registered to engage in the practice of contracting in the State of Florida. 9. At no time material hereto, was BAA Remodeling duly qualified to engage in the practice of contracting in the State of Florida. 10. On or about May 12, 2007, AAA Remodeling paid Respondent approximately $894.46 to apply for a building permit GAOGC\Coats\2007 AC\Weingarten-AC-2007-060202(119(2)(d),(127)(4)(c),d,m).doc Sep 1? 2008 14:29 ao/17/2688 14:27 8589219186 DEPR PAGE 85/89 for the project. Tl. On or about May 14, 2007 Respondent applied for and was issued a building permit (Permit No. 07-585-B) from the City of Wilton Manors Building Department for the above described project. 12. At no time material hereto, was Respondent a party to a contract with Furton for the above described project. 13. In or about July 2007, AAA Remodeling commenced and ceased work on the project. At the time work ceased, the project was not complete. COUNT I 14. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen.as though fully set forth herein. | 15. Section 489.119(2), Florida Statutes, provides in part that if an applicant: proposes to engage in contract 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, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 16. Based on the foregoing, Respondent violated Section 489,129{1) (1), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating GAOGC\Coats\2007 AC\Weingarten-AC-2007-060202(119(2)¢d).(127)(4)(e),d,m).doc Sep 1? 2008 14:30 gq/l7/2aee ld: 27 8589219186 DEPR PAGE 86/a9 a rule or lawful order of the board, by having violated Section 489.119(2), Florida Statutes. COUNT IT 17. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 18. Section 489.127(4)(c), Florida Statutes, provides that a certified or registered contractor may not apply for ox obtain: a building permit for construction work unless the certified or registered contractor has entered into a contract to make improvements to, ox perform the contracting at, the real property specified in the application or permit. 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 a xvule or lawful order of the board, by violating Section 489.127(4) (ce), Florida Statutes, COUNT III 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. . al, Based on the foregoing, Respondent violated Section 489.129(1) (d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited GAOGC\Coats\2007 AC\Weingarten-AC-2007-060202(1 19(2)(d),(127)(4)(c),d,m).doc Sep 1? 2008 14:30 ga/l7/2aee ld: 27 8589219186 DEPR PAGE @7/ag uncertified and unregistered practice of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered, | COUNT IV 42. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth herein. 23. Rule 61G4-17.001(m)2, Florida Administrative Code, provides that misconduct or incompetency in the practice of contracting, shall include but is not limited to violation of any provision of Chapter 6164, F.A.C., ox Chapter 489, Part I., F.S. 24. Based on the foregoing, Respondent violated section 489.129(1)(m),; Florida Statutes, ‘by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 6164+17.001l(m)2, F.A.C, 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, GAOGC\Coats\2007 AC\Weingarten-AC-2007-060202(119(2)(d),(127)(4)(c),d,m).doe Sep 1? 2008 14:30 gq/l7/2aee ld: 27 8589219186 DEPR PAGE @8/ag assess costs associated with the investigation and prosecution, impose any or all = penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Plorida Statutes, and the rules promulgated thereunder. Signed this 28% day of , 2008 PC Found: May 27, 2008 : — Div. I: Clark & Bonuso : - Brian Patrick Coats Assistant General Counsel Florida Bar No. 0829811 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL .32399~220 (850) 488-0062 Telephone (850) 921-9186 Facsimile GAOGC\Coats\2007 AC\Weingarten-AC-2007-060202(1 19(2)(d),(127(4\(e),d,mn).doc

Docket for Case No: 08-004569PL