STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL! DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . Case No. 2000-04891 PETER SIRICO, . JO%2 pL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against PETER SIRICO, ("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. The Department of Business and Professional Regulation has jurisdiction over the “unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. At no time material hereto, was the Respondent duly registered or certified to “engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 4. Respondent's last known address is 356 Fairpoint Drive, Gulf Breeze, Florida ye 32505. 5. On or about April 28, 2000, Respondent, doing business as Spectrum - Construction, entered into an agreement with Linda Everitt to construct a room addition onto Everitt's home located at 5202 Bristol Avenue, Pensacola, Florida. 6. The total contract price was $1,600.00. 7. Respondent provided Everitt with a Spectrum Construction business card which listed Respondent's name and indicated that Respondent was licensed. 8. Written on the back of the aforementioned business card given to Everitt was "$1600 - 1500, $100 off for compressor, 800 Dep, and 4-5 days to complete." 9. Respondent was paid a total of $1,765.00 by Everitt. 10. | Atsome time subsequent to the agreement, the Escambia County Code Enforcement Division issued a stop work order for the project because no permits were pulled. 11. Respondent failed to complete the project. 12. Everitt has incurred costs of over $1,850 to complete the project. 13. Section 489.105(3), Florida Statutes, provides, inter alia, that a “contractor” is a person 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 similarto the job scope described in on of the subsections of Section 489.105(3), Florida Statutes. 14. Section 489.105(3)(c), Florida Statutes, provides, inter alia, that a "residential contractor" means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith. 15. The contracting for and/or the performance of the work described in paragraphs five (5) above constitutes engaging in the practice of contracting pursuant to Section 489.105(3), Florida Statutes. 16. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 17. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes, which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 per incident, assessment of costs related to the investigation and prosecution of the case excluding costs associated with an atto for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this And day of Nevens be , 2000. FILED Department of Business and Professional Regulation AGENCY CLERK atthews General Counsel CuK Siti Xe Woubman pae_tI- 13-9600 rney’s time; refusal to certify, or to certify with restrictions, an application COUNSEL FOR DEPARTMENT: ic ? -0o William Oglo wire ie e Assistant General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-2202 WOj/jkm Case # 2000-04891 COUNSEL FOR DEPARTMENT; . fe 20 William Oglo wre {7 eu Assistant General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-2202 WO/jkm Case # 2000-04891

Docket for Case No: 01-001092PL

Orders for Case No: 01-001092PL