Department of Business and Professional Regulation | FILED Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] pate 2/3/2012 Fila # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No, 2011-029181 DANIEL D. CEFALO, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the | Construction Industry Licensing Board, Division I, against | Daniel D. Cefalo (“Respondent”), and alleges: 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. At all times material to this Complaint, Respondent was licensed as a Certified General Contractor in the State of Florida, having been issued license number CGC 1509349. 3. Respondent's address of record is 11501 Southwest 1ogtt Court, Miami, Florida 33176. | 4, At all times material to this Complaint, Respondent was the primary qualifying agent of Cefalo. Construction, LLC (“Cefalo Construction”). Filed September 4, 2012 3:44 PM Division of Administrative Hearings 5. 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 in general and for each specific job. 6. At no time material to this Complaint was Respondent properly licensed to act in the capacity of a contractor under the name Cefalo Construction. 7. On or about February 3, 2011, Respondent d/b/a Cefalo Construction entered into a written contract with Burdette Beckmann, Inc. (“BBI”) for exterior remodeling of BBI’s building located at 5851 Johnson Street, Hollywood, Florida. 8. The contract price was $13,530.00, of which Cefalo Construction accepted a deposit in the amount of $4,059.00. 9, The contract did not contain Respondent’s license number. 10. Respondent did not obtain a permit within 30 days after the date of receiving BBI’s deposit. COUNT ONE 11. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through ten as though fully set forth herein. property must apply for permits necessary to do work within 30 12. Section 489.126 (2) (a), Florida Statutes (2010), states: “A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances.” 13. Section 489,129(1) (1), Florida Statutes (2010), 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. 14. Respondent received a deposit amounting to more than ten percent of the total contract price, but failed to apply for necessary permits within 30 days. 15. Based upon the foregoing, Respondent violated Section 489.129(1) (i), Florida Statutes (2010), when Respondent violated Section 489.126(2) (a), Florida Statutes (2010), by failing to apply for permits necessary to do work within 30 days after receiving a deposit greater than ten percent of the contract price. COUNT TWO 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through ten as though “17 “section 489.119(5) (b), Florida ~ Statutes | “(2010),- states: “The registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting.” 18. Section 489.129(1) (i), Florida Statutes (2010), 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. 19. Respondent violated Section 489.129(1) (i), Florida Statutes (2010), when Respondent violated Section 489.119(5) (b), Florida Statutes (2010), by failing to include Respondent’s license number in the contract. COUNT THREE 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through ten as though fully set forth herein. 21. Section 489.129(1) (f£), Florida Statutes (2010), registration, provides for discipline against a licensee for 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 ra or in accordance with the personnel of “the certificateholder or registrant as set forth in the application for the certificate or registration, or as later changed as provided in this part. 22. Respondent acted in the capacity of a contractor in a name other than that set forth on Respondent’s certificate. 23. Based upon the foregoing, Respondent violated Section 489.129(1)(f), Florida Statutes (2010), 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. 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 455.227(2), Florida 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. | . - a . Signed this 24th day of January, 2012. KEN LAWSON, Secretary i Department of Business and Professional Regulation By: Kyle ( hristopher Kyle Christopher Assistant General Counsel Florida Bar No. 40853 Department of Business and Professional Regulation Office of the General Counsel i 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile Probable Cause Found 01/24/2012 By: Cathey/Cox

Docket for Case No: 12-002903PL