cli, A be yey rw aera ceed eh STATE OF FLORIDA , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Op DEPARTMENT OF BUSINESS AND Apeils PROFESSIONAL REGULATION, Te - Petitioner, vs. Case No. 2001-00792 PHILIP ANDREOLA, I, Respondent. . / STRATIVE COMPLAINT ADMINEI Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against PHILIP ANDREOLA, IL ("Respondent"), and says: oe 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 10813 Northwest 42" Court, Sunrise, Florida, 33351. 5. On or about March 4, 2000, Respondent, doing business as Big Sun Valley Jail pee RE Fear Development, inc., contracted with Vito Fascilla (hereinafter “Fascilla”), for the construction of a home on property located at West Country Club Boulevard, Boca Raton, Florida. 6. The contract price was $151,000.00 and Respondent was paid a deposit of $15,000.00. 1 Respondent failed to obtain a permit for the project and never began work on the . project. . . 8. Respondent has failed to refund Fascilla the $15,000.00 he paid to begin construction on the house. , . 9. Section 489.105(3), Florida Statutes, provides that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by cthers 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. 10. Section 439,105(3)(0), Florida Statutes, provides that a “residential contractor” means 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. 11. The contracting for and/or the performance of the work described in Paragraph Five (5) above constitutes engaging in the practice of contracting pursuant to Section 489.105(3\(c), Florida Statutes. 12. Section 489.113(2), Florida Statutes, provides that no person who is not certified 2 ee ee es vee or registered shall practice contracting in this state. 13. Based on the foregoing, the Respondent has violated Section 489.127(), 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 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, 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. Signed this ae of I lw ah > 2001. LED Ut bl Departmont of Business and Professional Regulation DEPUTY CLERK By: Robert A Crabill crac atardont Michols Assistant General Counsel : DATE 4-3-2001 __ . . ) Lop! 02f24/ol “4 COUNSEL FOR DEPARTMENT: Theodore R. Gay Assistant General Counsel and Angela C. Desmond PRY 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 2001-00792 cee ae aaa

Docket for Case No: 02-000053