Y Ned STATE OF FLORIDA | tame E D DEPARTMENT OF BUSINESS AND PROFESSIONAL REGION AHIELS DIVISION OF DEPARTMENT OF BUSINESS AND ADMINISTRATIVE PROFESSIONAL REGULATION, . HEARS Petitioner, , ; 2. vs. DOAH Case No. QO -2 76/h DBPR Case No. 98-22558 ARTHUR SHERMAN, ¢ Respondent. / DMINISTRATIVE COMPLAINT ADMINISTRATIVE COMPLAIN Petitioner DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Petitioner”) files this Administrative Complaint against Respondent ARTHUR SHERMAN ("Respondent"), and alleges: ‘1. Petitioner is the State agency charged with regulating the practice of contracting . pursuant to Section 20.165 and Chapters 455 and 489, Fla. Stat. 2. Petitioner also possesses jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228(1), Fla, Stat. ) 3. Respondent's last known addresses are c/o C.S.D. Inc., 1319 West Holly Street, Zellwood (Orege Co County), Florida 3703 and 7132 Ironwood Drive, Orlando (Orange County), f Florida 32818-5832. : -. 4, At all material times, Respondent was an individual holding himself out as a_ “contractor” an and/or 2 an + “underground utility and excavation contractor,” although he holds no contracting licensure in the State of Florida. Respondent also represented himself, at all material times, as the owner of a business organization practicing contracting, and known as “C.S.D. Inc.” 1 DBPR Case No. 98-22558 , ; % Y - w) 5. On or about July 29, 1998, Respondent entered into a written contractual agreement with Winter Park Terrace, Inc. to construct the underground utilities, drainage systems and _ related site work for a commercial shopping center located at 415 N. Orange Avenue, Winter Park (Orange County), Florida. Such construction contract depicted the trade name, “CSDI.” 6. The price under said written contractual agreement was thirty-two thousand dollars ($32,000.00). Respondent requested, and Winter Park Terrace paid, twenty-four thousand, one hundred dollars ($24,100.00) in deposits and progress payments wider ths contract. 7. Respondent never obtained the requisite building permits for any of the work to be performed for Winter Park Terrace. 8. Respondent commenced the contracted-for work on or about July 30, 1998 but was terminated on or about September 7, 1998, after the local building department placed a stop work order on the project and Winter Park Terrace discovered that he (Respondent) had not paid his . sub-contractors. 9. Winter Park Terrace was forced to © spend more than forty-one thousand dollars ($41, 000. 00) (beyond the contract price with + Respondent) i in order to prevent construction liens form being filed against the property, and to retain a substitute contractor to complete the project. 10. Section 489,105(3), Fla. Stat., defines "contractor" as the person who i is qualified for, and, shall only be Tesponsible for, the project. contracted for and means the person who, for ; compensation, undertakes to, submits a bid to, or does himself 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. 11. Section 489.105(6), Fla. Stat., defines “contracting” as engaging in business as a contractor and includes, but is not limited to, performance of any of the acts set forth in 2 DBPR Case No. 98-22558 ERE TE Eee a CREE RE oa ot li in oe w subsection [489.105] (3) which define types of contractors. 12. Section 489.105(3)(n), Fla. Stat. defines "underground utility and excavation contractor" as a contractor whose services are limited to the construction, installation, and repair, on public or private property, of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main system to a point of termination up to and including the meter location for the individual occupancy, ie sewer collection systems at property line on residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures. However, an underground utility and excavation contractor may install empty underground condults in rights-of-way, easements, . platted rights-of-way in new site development, and sleeves for parking lot crossings no smaller than two (2) inches in diameter, provided that each condult system installed is designed by a licensed professional engineer or an authorized employee of a municipality, county, or public utility and that the installation of any such condult does not include installation of any conductor wiring or connection to an energized electrical system 13. Section 489.127(1)(f), Fla. Stat., further provides that no person shall engage i in the business o or act in the capacity of a contractor or advertise himself (or herself) or a business organiza’ ailable’ to engage in the business ¢ or act in the capacity of: a contractor without - being duly registered or certified. 14 Respondent's s actions and inactions in n conjunction with the subject Winter Park Terrac proj (3)(n) and (6) and 489.127(1)(f), Fla. Stat. 3 _DBPR Case No. 98-22558 kd | ' ' } : f t ww Ww 15. Pursuant to Section 455.228, Fla. Stat., Petitioner may impose an administrative fine, “not to exceed five thousand dollars ($5,000.00), for each violation of Chapters 455 and 489, Fla. Stat., including Respondent’s instant violations of Sections 489.105(3), (3)(a), (3)(n) and (6) and 489.127(1)(f), Fla. Stat. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing an administrative fine for each violation alleged herein, not to.exceed five thousand dollars Ps ($5,000.00) per violation, and to impose any further penalties delineated within Section 455.228, Fla. Stat., and/or any other and further relief that the Department is authorized to impose pursuant to Chapters 455 and 489, Fla. Stat., and the rules promulgated thereunder. a Signed this —_- 7 day of NG RE _ 1999. - COUNSEL FOR DEPARTMENT: Robert W. Burijon, tL) Senior Attorney Dept. of Business & Professional Regulation - 400 W. Robinson St. N501 Orlando, FL 32801 RWB/rtm , ee June 14, 1999 nye ~ (Ge G.W. HARRELL CHIEF ATTORNEY FILED Department of Business and Professional Regulation DEPUTY CLERK 74 DBPR Case No. 98-22558 ayn”

Docket for Case No: 00-002761PL