br Be Ose 4 STATE OF FLORIDA M DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OF op. & ‘often, Si, 87 "DEPARTMENT OF BUSINESS AND HEAT PROFESSIONAL REGULATION, Wes / ve Petitioner, - . vs. Case No. 2000-02542 KENNETH M. CHANDLEE, ” Respondent. . . ee, ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against KENNETH M. CHANDLEE, ("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 i in nthe c practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. : 4. Respondent's last Known address i is 2412 Bimini Lane, Fort ‘Tauderdale, Florida 33312. 5. On or around July 7, 1999, Respondent contracted with Peter Merkle to repair a roof on property located at 1109 NE 37" Street, Pompano Beach, Florida. Seemed 6. Thé contract price was $16,065.00 and Respondent was paida $5,000.00 deposit. ° 7. To date, Respondent has failed to perform any work on the Merkle proj ect. 8. 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” X Section 489.105(3), Florida Statutes. 9. Section 489.105(3)(e), Florida Statutes, defines "Roofing contractor" as 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. 10. The contracting for and/or the performance of the work described in Paragraph five above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida Statutes. OO 11. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 12. Based on the foregoing, Respondent has violated Section 489.127(1)(), Florida Statutes, which provides that no person shall engage in the business or act in the capacity ofa contractor without being duly registered or certified or advertise himself or a business eee pres reewens peregrine meng organization as available to engage in the business or act in the capacity ofa 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, Fl lorida a and the rules fen. thereunder. , 2001. Signed this 24 _\ day of Nant \ obert A. Crabill Lead Construction Attorney COUNSEL FOR DEPARTMENT: Patrick F. Creehan F | L E D Deégartment of Business and Professional Regulation “Assistant General Counsel DEPUTY CLERK Department of Business and Professional Regulation ; *) Northwood Centre cere Lando Michele 1940 North Monroe Street pare 3 3-29-2001 | A0O | Suite 60 Tallahassee, FL 32399-2202 PFC/dd Case # 2000-02542 {CP: cabal apes eeperengeen tenn pee

Docket for Case No: 01-003818