FILED

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O!!puty Ag ncy Cieri(

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STATE OF FLORIDA

DEP.ARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2010-039249

EDUARDO M. MARTINEZ,

Respondent.

                                                                  !

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation ("Petitioner") files thJ.s Admi.nistrative Complai.nt before the Construction Industry Li.censi.ng Boexd, .Di vision I, against Eduardo M. Martinez ("Respohdent"), and alleges:

1. Petitioner is the state agency charged with regulating the practi.ce of contracting pursuant to Section 20.165, Flori.da Statutes, and Chapters 455 and 489, Flori.da Statutes.

2. At al.1 times material. hereto, Respondent was licensed as a certified General Contractor in the State of Florida, having been issued license number CGC 1513604.

3. Respondent's address of record is 16242 SW 52 Terrace, Mi.ami, Florida 33185.

   
   

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4. At all times ma.terial hereto, Respondent was the primary qualifying agent f.or Makeo-rers Unlimited Developers, Inc. ("Ma.keo-rers Unlimited").

5. Section 489.ll.95(1) (a), Flori.da Statutes (2009), provides that all primary qualifying agents for a business organization i;l.re jointly and equally responsible for super-rision of all operi;l.ti.ons of the bu.sines>, organization; for all field work at ia-11 sitesS; and for financial ma t t er sS 1 both for the

   organization in general and for each specific job.

   
   

6. On or abo,,t July ?.1, 2009, Makeo;,er>, Unlimited entered into a written contract with Montley Dor>,ey ("Complaina.nt"), to reno;,ate and remodel Complai.nant',, home located at 15100 SW l.OS''h Ave., Miami, Florida 33176.

7. The total contract price was $62,187.00, of whi.ch Makeovers Unlimited accepted $40,940.91.

8. The contract did not i.ncli.1de a written statement explaining Complainant's right>, under the Florida Homeowners' Construction Recove.r.y Fund.

9. Makeovers UnJ.i.mi ted commenced work under the contract

   
   

   wi.thout fir.st obtaini.ng permits fo.r. the project, inspections were performed.

   and no

   
   

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   COUNT ONE

   
   

10. Petitioner reallege3 and incorporates by reference the allegations set forth i.n paragraphs one through nine as though fully set forth herein.

1.1. section 489.1425, Flo.r.i.da Statutes (2009), states that

any agreement or contract for repai.r, restoration, improvement or construction to .r.esidential. real. property must contain a written statement expLai.ning the consumer's rights ,,nder the Florida Homeowners' Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00.

1. Section 489.129 (1) (i), Flod.da statutes (2009), provides for discipline against a licensee for failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board.

2. Respondent violated section 489. 129 (l) (i), Florida Statutes (2009), when he viola.tad section 489.1425, Florida Statutes (2009), by failing to include in the contract a written statement explaining Complainant's rights under the Florida Homeowners' Construction. Recovery Fund.

3. Based upon the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes (2009).

   
   

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   COUNT TWO

4. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein.

J.6. Section 489.129 (11 (o), Flor!.da Statutes (2009),

provides for discipline against a licensee for proceeding on any job without first obtaining applicable local building department perm,i.ts and inspections.

1. Respondent violated Section 189.l.29(1) (o), Florida Statutes (2009), when Respondent proceeded on the job witho1,1t obtaining applicable local building department permits and inspections.

2. Based upon the foregoing, Respondent violated Section

489.129 (1) (o), Florida Statutes (2009).

COUNT THREE

J. 9. Petitioner realleges and incorporates tile allegations set forth in pa.ragraphs one through nine as t.hough fully set forth herein.

1. section 489.129 (1) (.m), Florida statutes (2009), provides for discipline aga.inst a lJ.censee for committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G4-17.00l(m)2, F.A.C.

2. Rule 61G4-1.7.00l(m)2, F.lorj_da AdminJ.stra.tive Code, provides that misco.n.duct or j_ncompetency ;,n the practj_ce of

   
   

   Oo¢i.nnent in Unnamed

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   contra,cting, sha.11 include, but i.s not limited to violation of: any provisJ.on of Cha.pter 6l.G4, F.A.C., or Chapter 489, Part .r,

   F.S.

3. Respondent violated Section 489.129(1.)(m), Florida

   
   

   Statutes (2009), by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G4- 17.001(ml2, F.A.C.

4. Ba.sect upon the foregoing, Respondent violated SectJ.on

489.129 (1) (ml, Florida Statutes (2009).

WHEREFORE, Pet!.tioner respectfully requests the Construction Industry LicensJ.ng Board enter an, Order imposing one or more of the following penal ties: place on probati.on, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the ce,:tificate or regi.stration, require :einancJ.a.1 restitution to a consumer, impose an admini.strative fj.ne not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or penalties del.inea ted within Section

455.227 (2), Flori.da sta,tutes, and/or any other relief; tl1at the

Board is authod.zed to impose pursuant to Chapters 48 91 455 1

Florida Statutes, and/or the rules promulgated thereunder.

(SIGNATDRE PAGE FOLLOWS)

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Signed this 25th day of January, 2011,

CHhRLIE LIEM, Inter.im Secretary Depar.tment of Business and

Professional Regulation

By : 'Kyfe Christopli.er

Kyle Christopher Assistant Gener.al Counsel Florida Bar No. 40853

Department of Business and Professional Regulation

Office of the Gener.al Counsel

194.0 N, Monroe Street, Ste. 42 Tallahassee, FL 32399-2202

(850)488-0062 Telephone

(850)921-9186 Facsimile

Respondent Eduardo M. Mar.tine2. case Number 2010-039249

PC Found 01/25/2011 lillilford/Kalmanson,

Doct1111 11t in. Unnrrmccl

Docket for Case No: 11-002028PL