STATE OF FLORIDA aha DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, e OO-Y4%23 Petitioner, vs. Case No. 99-05952 PIERRE BEDARD, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against PIERRE BEDARD, ("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 2518 Taft Street, Hollywood, Florida 33020. 5. On or about January 19, 1998, Ronald Zuchora, doing business as Zuchora Construction and Development, Inc. (""Zuchora Construction"), entered into a contractual agreement with James L Case to repair the leaky roof at the Trial Plaza Shopping Center owned by Case. 6. The total contract price was $40,000.00. 7. Zuchora Construction was paid $40,000.00 by Case, 8. On or about January 5, 1997, the Respondent, doing business as AAA Multi-Kote International Corp., and Zuchora entered into a contractual agreement whereby the Respondent was to perform the roofing work contracted for by Zuchora and Case in the aforementioned contract. 9. The roof of the Trial Plaza Shopping Center was not repaired properly, and has developed more leaks than it previously had. 10. 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. 1 1. — Section 489.105(3)(e), Florida Statutes, provides, inter alia, that a “roofing contractor" means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 12. The contracting for and/or the performance of the work described in Paragraph Eight (8) above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes. 13. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 14. 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 lst day of hs ek 2000. FILED Department of Business and Professional Regulation DEPUTY CLERK cum yrardant Michele Lead C struction Attorney DATE % - 10 -200 COUNSEL FOR DEPARTMENT, (Cle Patrick F. Creeh C_. Assistant General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 . Tallahassee, FL 32399-2202 PFC/jkm Case # 99-05952

Docket for Case No: 00-004823PL