Jul 2 2009 19:39 arfa2/2ae9 19:33 8589219186 DEPR PAGE 83/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION T DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. : Case No. 2007-048002 LOUIS A. MANIERO, D/B/A AGC General Contractor Inc., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against LOUIS A. MANIERO, ("Respondent"), and says; 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant toe 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 CGC 1506516. 3. Respondent's last known address of record is: 6329 NW 77 Terrace, Pompano Beach, Florida 33067. GAOGC\Fortunas\New Format Admin, Complaints\489,1 29(1 (dm )(N127(4){c) Louis A. Maniero, 2007-048002.doe t Jul 2 2009 19:40 arfa2/2ae9 19:33 8589219186 DEPR PAGE @4/1a 4. At all times material hereto, Respondent was the primary gualifying agent for AGC General Contractor, Inc. Bee At all times material hereto, Respondent did not possess a current certificate of -authority as required by Section 489.119(2), Florida Statutes. 6. 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. 7. On or about February 16, 2006, Edward Cruz ("Cruz"), ftepresenting himself as a contractor, contracted with owner Lynn & Edward Korp (“Korp”), to renovate Korp’s property identified as 217 SE 5** Avenue, Ft. Myers, Florida, for a contract price of approximately $111,719.00, of which Respondent received approximately $1,800.00. Cruz received approximately the balance of the contract price remaining. 8. On or about April 3, 2006, Respondent, applied for a permit with the City of Delray Beach Building Division for the project. 9. Respondent obtained the permit for the project that Cruz contracted for. + GAOGC\Fortunas\New Format Admin. Complaints\489.129(1)(d}(m)()1127(4)(e) Louis A, Maniero, 2007-048002.doc 2 Jul 2 2009 19:40 ?/@2/2689 19:33 8589219186 DEPR PAGE 85/18 10. Respondent knew or reasonably should have known Cruz was unlicensed. COUNT ONE ll. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 12. Based on the foregoing, Respondent violated Séction 489.129(1) (d), Florida Statutes, by performing any act which assists a person or entity. in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. COUNT TWO 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 14. Section 489.127(4) (¢), Plorida Statues, prohibits a contractor from.for obtaining or applying for a building permit for construction work unless the contractor has entered into a contract to make improvements or perform the contract at the real property specified in the application or permit. 15. Based on the foregoing, Respondent violated Section GAOGC\Fortunas\New Format Admin. Complaints\489,129(1 (dm) 12 7(4)(c) Louis A. Maniero, 2007-048002,doc 3 Jul 2 2009 19:40 arfa2/2ae9 19:33 8589219186 DEPR PAGE 46/18 489.129(1) (i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful -oerder of the board, by failing to comply with Section 489.127(4) (c), Florida Statutes. COUNT THREE 16. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. 17. 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 antity, 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. 18. Based on the foregoing, Respondent violated Section 489.129(1) (i), PFlerida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the hoard, by having violated Section 489.119(2), Plorida Statutes. COUNT FOUR 19, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 10 as though fully set forth herein. GAOGC\Forturas\New Format Admin. Complaints\489.129(1)(d)(myi)[127(4)(e) Louis A, Maniera. 2007-048002.dee 4 Jul 2 2009 19:40 arfa2/2ae9 19:33 8589219186 DEPR PAGE @7/1a 20. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or misconduct -in the practice of contracting: ' 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 $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 433.227(2), Plorida 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. GAOGC\Fortunas\New Format Admin. Complaints\489.129(1 (dy(my(if127(4V(c) Louis A, Maniero, 2007-048002.doc 5 Jul 2 2009 19:40 arfa2/2ae9 19:33 8589219186 DEPR PAGE 88/18 Signed this 18 day of _ Abowss rife" D008. PC Found: November 18, 2008 —~~ Div. I: Kane & Del Vecchio 8 Fortunas Assistant General Counsel Florida Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202? dv (850) 488-0062 Telephone (850) 921-9186 Facsimile GAOGC\Fortunas\New Format Admin, Complaints\4g9, 129¢1 (ayn) ([1274)(c) Louis A, Matiicro, 2007-048002.doe 6

Docket for Case No: 09-003553