STATE OF FLORIDA o DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION © Cc \ = DEPARTMENT OF BUSINESS AND = PROFESSIONAL REGULATION, Met a x Petitioner, 06 YSRAD. “ - vs. Case No. 99-03529 ROBERT ALLEN, Respondent. / ADMINISTRATIVE COMPLAINT ("Petitioner Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, and says: "), files this Administrative Complaint against ROBERT ALLEN, ("Respondent"), 1. 2 Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.1 65, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 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. 33330. Respondent's last known address is 12701 Mustang Trail, Ft. Lauderdale, Florida 5. On or about February 22, 1999, the Respondent, doing business as Bob Allen Contractors, Inc., entered into a contractual agreement with Nel Sebree to perform 92 NW 47th Terrace and 4717 NW Ist Avenue, Miami, Florida. renovations at 6. The scope of the work in the aforementioned contract included removing and replacing rotting facia boards, removing and replacing door, replacing missing gutters, rebuilding side steps and iron rails, removing and replacing shingle roof, removing and replacing support beams, installing steel Jollie columns, removing and replacing door frames, and installing new plywood sub floor. 7. The total contract price was $19,745.00. 8. On or about February 22, 1999, the Respondent, doing business as Bob Allen Contractors, Inc., entered into a contractual agreement with Nel Sebree to perform renovations at 7831 North Bayshore Drive, Miami, Florida. 9. The scope of the work in the aforementioned contract included removing and replacing doors, removing and replacing a threshold, and removing and replacing a stair case. 10. The total contract price was $1,650.00. 11. On or about March 5, 1999, the Respondent, doing business as Bob Allen Contractors, Inc., entered into a contractual agreement with Nel Sebree whereby the Respondent was to perform remodeling work at 1043 North Greenway Drive, Coral Gables, Florida. 12. The scope of the work in the aforementioned contract included completing unfinished roof, completing stucco walls, removing and replacing door frames, removing and replacing window frames, and completing concrete restoration or all spalled, hollow and cracked sections of walls and parphat, eliminating water intrusion into interior. 13. The total contract price was $93,000.00. 14. The Respondent failed to complete any of the aforementioned projects. 15. 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 similar to the job scope described in on of the subsections of Section 489.105(3), Florida Statutes. 16. Section 489.105(3)(a), Florida Statutes, provides, inter alia, that a "general contractor" means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and. who may perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113. 17. Section 289.105(3)(b), Florida Statutes, provides, inter alia, that a "building contractor" means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. 18. The contracting for and/or the performance of the work described in Paragraphs Six(6), Nine (9), and Twelve (12) above constitute engaging in the practice of contracting pursuant to Sections 489.105(3)(a), and (3)(b),Florida Statutes. 19. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shal! practice contracting in this state. 20. 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 attorney’s time; refusal to certify, or to certify with restrictions, an 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 ed) day of , 2000. J.\Matthews istant General Counsel COUNSEL FOR eet : : iL Patrick F. Creehan 0.3 F | L E D . Assistant General Counsel Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation Northwood Centre Prardati fide 1940 North Monroe Street CLERK . Suite 60 DATE Z = \7- A000 Tallahassee, FL 32399-2202 PFC/jkm Case # 99-0352

Docket for Case No: 00-004822PL