SUT 2F LINO 10 °0e 06/27/2086 18:28 8504146749 DBPR OGA PAGE 87/12 _STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: 2005-029070 2005-029071 KEVIN DAVIDSON DBA WISE & DAVIDSON CONSTRUCTION, Ole-D3d07 Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner” or "DBPR"), files this Administrative Complaint against KEVIN DAVIDSON DBA WISE & DAVIDSON CONSTRUCTION, ("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, Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shal] have waived his right to request a hearing on the facts alleged. aS eS NS 6/27/2806 18:28 8584146749 DBPR OGA PAGE 48/12 4. At no time material hereto, was the Respondent KEVIN DAVIDSON duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto, was the Respondent WISE & DAVIDSON CONSTRUCTION duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is P.O. Box 131, Lovejoy, GA 30250. 7. On or about December 10, 2005, the Respondent contracted with Jan Crowell (“Crowell”) to construct a steel building, including electrical wiring, in Morriston, Levy County, Florida. 8. . The original quoted price for the aforementioned project was $47,851.37. 9. For the aforementioned project, the Respondent was paid $2500.00 by check number 95 on December 10, 2004; $8361.80 by check number 96 on December 13, 2004 and $500.00 by check number 97 on December 13, 2004. 10. Subsection 489.105(3), Florida Statutes, provides that a “contractor” is 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.” 11. | The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsections 489.105(3), 489.505(2) and/or 489.505(12), Florida Statutes. 86/27/2686 wt LP EU A 18:28 @564146749 DBPR OGA PAGE 12. Section 489.113(2), Florida Statutes, provides that “InjJo person who is not certified or registered shall practice contracting in this state.” 13. Subsections 489.105(6) and 489.505(9), Florida Statutes, provide that the attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. COUNT ONE 14, Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). 15. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), Florida Statutes, which provides that no person shall ‘[e]ngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization. ..without being duly registered or certified or having a certificate of authority.” COUNT TWO 16. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). 17. Subsection 489.531(1), Florida Statutes, provides that a person may not practice contracting or advertise himself or a business organization as available to engage in electrical or alarm system contracting unless the person is certified or registered to do so. 18. Based upon the foregoing, the Respondent has violated Subsection 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. ag/12 66/27/2086 SUN 2h AWD LOO 18: 28 8584146749 DBPR OGA PAGE 18/12 WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incideht; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attomey’s time; refusal to certify, or to certify with restrictions, and application 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 Qodl. day of Ra py ner 1 ROM be ‘a Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement/Accountancy COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement/Accountancy Department of Business and . Professional Regulation F | | F Office of the General Counsel + Busi 4 Professional Regulation Department of Business an 1940 North Monroe Street _ Dep AGENCY CLERK Taljabassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 CLERK So pudy 2 (Worden ny PCFound_ (/ofoe 4f6 pate__ 2.“ Zoe ha

Docket for Case No: 06-002307

Orders for Case No: 06-002307