O2-13/3 STATEOFFLORIDA |! DEPARTMENT OF BUSINESS AND Prot REGULATION R~2 Hs 34 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. \ Case No. 2001-01382 CHARLIE SMITH, Respondent. / nnn ADMINISTRATIVE COMPLAINT ON Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against CHARLIE SMITH, ("Respondent"), and says: 1. Petitionér 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 1, Chapter 489, Florida Statutes. 4. Respondent's last known address is 2432 Peachtree Street, Tallahassee, Florida. 5. On January 31, 2000, and July 31, 2001 Respondent contracted with Francell Johnson to install a new AC/Heat unit and repair a duct trunk line and install an attic exhaust fan at her home, located at 1310 West Haven Court, Tallahassee, Florida. 6. The contract price for the unit installation was $2,020.00 and the contract price for the duct line and exhaust fan was $339.15. Respondent was paid $2,359.15. 7. 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. 8. Section 489.105(3)(f), Florida Statutes, defines "Class A air-conditioning contractor" as a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend or design, when not prohibited by law, central air-conditioning, refrigeration, heating, and ventilation systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used “in connection therewith, and any duct cleaning and equipment sanitizing which requires at least a partial disassembling of the system; to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning contro] wiring; and to install a condensate drain from an air- conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto; sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. 9. 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)(f), Florida Statutes. 10. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 11. 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 OH in day of Jue , 2001. d L Robert A. Crabill Lead Construction Attorney COUNSEL FOR DEPARTMENT: Patrick F. Creehan F | L E D Assistant General Counse] Department of Business and Professional Regulation Department of Business and DEPUTY CLERK Professional Regulation . Northwood Centre cecme td tarot Tlechele 1940 North Monroe Street | | Q OO! Suite 60 DATE _G@-I|- 200! Tallahassee, FL 32399-2202 orca | ly XD -O) Case # 2001-01382

Docket for Case No: 02-001313PL