@5/14/2889 8a:57 May 14 2009 9:02 8589219186 DEPR PAGE 93/12 FILED Ganartment of Susiness od Profesional Reputation Beputy Aganoy Clerk CLERK Brandon Nichols Date 3/3/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2006-051635 2008-053153 PHILLIP HENLEY, d/b/a B & P ENTERPRISES OF CENTRAL FLORIDA, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department of Business and Professional Regulation, files this Administrative Complaint Against Respondent, PHILLIP HENLEY, d/b/a B & P ENTERPRISES OF CENTRAL FLORIDA, 1. INC., and alleges: Petitioner is the state agency charged with regulating the practice of contracting and elé@ctrical contracting pursuant to Section 20.165, Flotida Statutes, and. Chapters 455 and 489, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting and slectrinal contracting pursuant te Seetion 455.228, FPlorida Statutes. GAOGE LILAVAC 2009106-031635 & 08053193 Henley CILB & ECLA, da ] May 14 2009 9:02 5/14/2089 88:57 8589219186 DEPR PAGE 4/12 3. At no material time was Respondent PHILLIP HENLEY duly registered or certified to engage in the practice of contracting ex electrical contracting pursuant to Chapter 489, Plorida Statutes. 4, At no material time was Respondent B & P ENTERPRISES OF CENTRAL FLORIDA, INC. duly registered or certified to engage in the practice of contracting or electrical contracting pursuant to Chapter 489, Florida Statutes. 5. The address of record for Respondent PHILLIP HENLEY is $209 SW US 221, Greenville, Florida 32331. 6. On or about August 16, 2006, Respondent entered into a contract with Complainants Nate and Carla Denise Adams (“Adams”) to perform remodeling work at theix residence in Tallahassee, Florida, for a contract price of $5,234.50. 7. The scope of the above mentioned work in paragraph six (6) included the removal and replacement of drywall and tile flooring, plumbing work, and rerouting electrical wiring. 8. For the above mentioned work in paragraphs six (6) and seven (7), Respondent was paid $700.00 in cash advances, as referenced by Respondent’s September 14, 2006 invoice. 9. Adams alleges ‘that because Respondent’s work was substandard, they subsequently had to hire contractors and an electrician to complete and correct the job. GAQGC ULA\AC 2009\06-051635 & 08-0531 53 Henley CILB & ECLB.doc 2 May 14 2009 9:02 5/14/2089 88:57 8589219186 DEPR PAGE 85/12 10. The replacement work that was required as described in paragraph nine (9) included. $475.00 in electrical repairs by Charlie James, as referenced by receipt number 037602 on June 6, 2007; $1,432.78 in plumbing repairs by Reto-Rooter Flumbers, as referenced by invoice number 157658 on September 8, 2007; and $500.00 in flooring repairs by James Butler on September 14, 2007, for a total sum of $2,407.78. 11. Seetion 489.113(2), Florida Statutes, provides that “no persen who is not certified or registered shall practice contracting in this state.” 12, Section 489.127(1) (£), Florida Statutes, provides that “no person shall engage 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.” 13. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[plerson who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, xvemodel, 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 similer to the job scape described in one of the subsequent paragraphs of this subsection.” GAOGC ULAAC 2009\06-05 1635 & 08-053143 Henley CILB & ECLE.dee 3 May 14 2009 9:02 5/14/2089 88:57 8589219186 DEPR PAGE 86/12 14. Section 489.105(6), Florida Statutes, provides that "T[t]he attempted sale of contracting services and the negotiation or bid for a4 cGontract on thesé services also constitutes contracting.” 15. By contracting for and/or the performance of the work described above, Respondent engaged in the practice of contracting pursuant to Sections 489.105(3) and 489.105(6), Florida Statutes. 16, Section 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. 17. Section 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Section 489.505(12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. 18. Section 489.505(12), Florida Statutes, provides that an "electrical contractor" or an "unlimited electrical contractor" is “a person who conducts business in the electrical trade field and who has the experience, knowledge atid skill te GNOGC ULA\AC 2009\06-051635 & 68-053153 Henley CILB & ECLB.doe : 4 May 14 2009 9:02 5/14/2089 88:57 8589219186 DEPR PAGE 87/12 install, repair, alter, add to, or cGesign . . . electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form." 19. By contracting for and/or the performance of the work described above, Respondent engaged in the practice of electrical contracting pursuant to Sections 489.505(9) and 489.505(12), Florida Statutes. COUNT ONE 20. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nineteen (19) as though fully set forth herein. 21. Based upon the facts set forth above, Respondent violated Section 489.127(1)(f), Florida Statutes, in one or more of the following ways: (a) By engaging in the unlicensed practice of contracting as defined by Section 489.105(3), Florida Statutes; (p) By engaging in the unlicensed practice of contracting as defined by Section 489.105(6), Florida Statutes. 22. Based on the foregoing, Respondent violated Section 489.127(4) (f), Florida Statutes, by engaging in the business or acting in the capacity of a contractor, or advertising himself or a. business organization as available to engage in the business or to act in the capacity of a contractor, without GAOGC ULA\AC 2009\06-05 1635 & 08-053153 Henley CILB & ECLB.dog 5 May 14 2009 9:03 5/14/2089 88:57 8589219186 DEPR PAGE 88/12 being duly registered or certified or having a certificate of authority. COUNT TWO 23. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nineteen (13) as though fully set forth herein. 24. Based upon the facts set forth above, Respondent violated Section 489.531(1), Florida Statutes, in one or more of the following ways: (a) By submitting a bid to perform electrical Services as defined by Section 489,505(9), Florida Statutes; (6b) By engaging in the business or acting in the capacity of an electrical contractor as defined by Section 489.505(12), Florida Statutes; 25. Based upon the foregoing, Respondent violated Section 483.931(1), Florida Statutes, by engaging in the practice of electrical contracting, or advertising himself or a business organization as available to engage in the business or to act in the capacity of an e@lectrical contractor, without being duly registered or certified or having a certificate of authority. WHEREFORE, Petitioner respectfully requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to.excsed $10,000.00 per incident for Chapter 489 Part I, Plorida Statutes, violations; GAOGC ULAMAC 2009\06-051635 & 08-053 153 Henley CILB & ECLB.doc . 6 @5/14/2889 8a:57 May 14 2009 9:03 $5,000.90 per incident for Chapter 489 Part JI, Florida Statutes, violations; assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time); and/or any other relief the Department is authorized te impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. os Signed this A4hhEe day of _ Pedduary , 2009, A By: P ant General Counsel Florida Bar No. 734853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile PCP Data: tek tea vA 44, 2009 SA/MK GAOGC ULA\AC 2009106-05 1635 & 08053153 Henley CILB & ECLB.doc 7 8589219186 DEPR PAGE 9/12 May 14 2009 9:03 @5/14/2889 8a:57 8589219186 DEPR PAGE 18/12 NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel 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 her 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. GAOGC ULA\AC 2009106-051635 & 08-053153 Henley CILB & ECLB.doc 8

Docket for Case No: 09-002545

Orders for Case No: 09-002545