86/22/2818 Jun 22 2010 15:02 14:51 8589219186 DEPR STATE OF FLORIDA PAGE 3/15 FILED Dapartment of farincgs tind Profeasionn| neguiatlon AGENCY CLERK CLERK, Evette L Procter Dae = 8/14/2010 Filo # DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2009-054269 CARLOS P. ABREU, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board/Division II, against CARLOS P. ABREU ("Respondent") and says: 1. Petitioner is the stete agency charged with regulating the practice of contracting pursuant to Section 20. Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times certified air conditioning contractor (license 014377) in the State of Florida. 3. Respondent's address of record is Candlewood Court, Miami Lakes, Florida 33014. 4, At all times material, Respondent was practice contracting in an individual capacity. 165, Florida Material, a number CAC 14601 Lake licensed to 5. Section 489.1195(1) (a), Florida Statutes, provides Jun 22 2010 15:02 G6/22/2018 14:51 8589219186 DEPR PAGE @4/15 that all primary qualifying agents for a buginess organization are jointly and equally responsible for supervision of ail 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. Section 489.105(3), Florida Statutes, defines a contractor as a: [p]erson who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection, 7. Section 489.105(6), Florida Statutes, provides that "the attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure.” 8. On or about November 6, 2006, Respondent, doing business as C & M Construction of South Florida, entered into a contract with Jose Fernandez (“Fernandez”) to build an addition to a residence located at 14331 take Crescent Place, Miami Lakes, Florida. 9. The contract price for the project was approximately Jun 22 2010 15:02 G6/22/2018 14:51 8589219186 DEPR PAGE 5/15 $72,126.00. 10. The scope of work outlined in the contract to be performed on the project was beyond the scope of Respondent's license to practice contracting. il. In or about November 2006, Respondent commenced work on the project. 12. During the course of the project, Fernandez paid Respondent approximately $69,412.66 for the project. COUNT I 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein, 14. Based on the foregoing, Respondent violated Section 489.129(1) (£), Florida Statutes, by acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the eertificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in part. COUNT II 15. Petitioner re-alleges and incerporates the allegations set forth in paragraphs one through twelve as though fully set Jun 22 2010 15:02 6/22/2618 14:51 8589219186 DEPR PAGE 86/15 forth herein. 16. Respondent violated Section 455.227(1) (o), Florida Statutes, by practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows or has reason to know, the licensee is not competent to perform. 17. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating any provision of Chapter 455, Florida Statutes. 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, 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, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Jun 22 2010 15:03 G6/22/2018 14:51 8589219186 DEPR PAGE Signed this a7th day of — April , 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation By: @ Coats Brian Patrick Coats Assistant General Counsel Florida Bar No. 0829811 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monros Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found 04/27/2010 Members: Del Veechio/Cox DBPR Cage 2009054269 ar/ls Jun 22 2010 15:03 G6/22/2018 14:51 8589219186 DEPR PAGE 8/15 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 129.57, Florida Statutes, to be represented by counsél or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or hex behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. 6

Docket for Case No: 10-003397PL