32771. STATE OF FLORIDA Oy d DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4%, b "3 40k DEPARTMENT OF BUSINESS AND Kye PROFESSIONAL REGULATION, ry Petitioner, . 0 |- Sk vs. _ Case No. 2000-07200 THOMAS SCOTT HUTCHISON, - Respondent, | / - ADMINISTRATIVE COMPLAINT ; ‘ Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against THOMAS SCOTT HUTCHISON, ("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 ensage in the pratice of contracting pursuant to Part L Chapter 489, Florida Statutes. Respondent’ s ‘last known address is 105 5 Larkwood Drive, Sanford Poi 5. Onor about October 5, 1999, Respondent contracted with Linda Johnston Se scsi dieeitaencieasaniaiiliaad Fae : or registered shall practice contracting in this state, (hereinafter “Johnston”) of R. Russell Properties to replace a pre-existing porch located at 7434 Somerset Shores Court, Orlando, Florida. 6. The contract price was $3,600.00 and Respondent was paid in full. 7. "Johnston was managing the property for the owners of the property who were residing in Japan at the time of the contract and sent Johnston the money to pay Respondent. . 8. Respondent did not obtain a permit for the project. 9. . After the project w was completed, the roof continued to leak, and the owners s of the : property demanded from Johnston a refund of the money paid to Respondent. 10. ‘Section 489. 10563), Florida Statutes, provides that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or herself or r 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 one of the subsections of Section 489.105(3), Florida Statutes, “Tl. Section 489.105(3)(a), Florida Statutes, provides 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 xpress ly provided in " 489. 113. P ept as > The contracting for and/or the performance of the work described in Paragraph > ste AREY 2 Fe bs 14. Based on the foregoing, the Respondent has violated Section 489.127(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 to 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 1 Order i 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 se excluding costs associated with an attorney” s time; refusal to certify, or to certify with restrictions, and ; 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. sania IT ye NN . “son FILED ee AC OG of Business and Professional Regulation By: RobertA Crabil DEPUTY CLERK - . _ Assistant General Counsel mee “001 fe 23 faa/a SS pm EE COUNSEL FOR DEPARTMENT: " Theodore R. Gay Assistant General Counsel and ‘) Angela C. Desmond / cy Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel - 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD — 2000-07200

Docket for Case No: 01-003457PL