2 SARNIA se» STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, * Petitioner, Case No. 2000-07453 vs , Ol SreIPL DONALD CLARK, Respondent. . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint against Respondent, DONALD CLARK, (“Respondent”), and says: . . 1, Petitioner is the state agency charged with regulating the ‘Practice of contracting , Statutes, pursuant to Section 20 nd Chapters 495 and 489, Fi lorida Statutes. unlicensed p practice of contracting pursuant to Section 455. 28(1), 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 1, Chapter 489, Florida Statutes. | 4. Respondent's last known address is 813 East Bloomingdale Avenue, Suite 252, Brandon, Florida 33511. ent of Busin ness and Profesional Regulation has jurisdiction over the i 5. On or about March 8, 2000, Respondent entered into a contract with Susan Eichar (hereinafter "Eichar"), whereby Respondent was to build a second story addition to Eichar's home located at 351 Bahia Vista Drive, Indian Rocks Beach, Florida. 6. The total contract price was thirty thousand dollars ($30,000.00). 7. Eichar paid Respondent twenty-five thousand dollars ($25,000.00). . 8. The Subject commenced work on the project, but ceased work when the project was approximately thirty-five percent (35%) complete. 9. Section 489.105(3), Florida Statutes (1999), provides inter alia that a “contractor” is a 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 i 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 subsections of Section -489.105(3). | 10. Section 489. Oke, Florida Statutes ( 1999), defines a “residential contractor” a contractor whose services are limited to construction, remodeling, repair, or improvement of one- family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith. ate "The contracting for and/or the performance o of the v work described in Paragraph five Statutes (1999). 12. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes (1999), which provides that no person shall engage in the business or act in the capacity of ‘the practice of contracting pursuant to > Section 489. 10560, Florida : a , Tallahassee, FL 32399-2202 PCP. 03 /o%/or 3 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 attomey'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 GA day of Marat , 2001. Luh Chl ‘y: Robert A. Crabill Lead Construction Attorney COUNSEL FOR DEPARTMENT: FIL E D co Dapartmeat of Business and Professional Regulation Ellen C. Marino DEPUTY CLERK Senior Attorney Wh . Department of Business and cer Bandn Michels. ~ Professional Regulation 2 - Office of the General Counsel BATE 3 ! 3 A 00 1940 North Monroe Street, Suite 60 ECM/bjb Case #2000-07453 code diaeaaaeieal

Docket for Case No: 01-002989PL