L4-3N7 STATE OF FLORIDA 5 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS -7 PM 2: 17 hi nen DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2001-01425 vs. VICTOR VITON d.b.a. SCM SIGN CRAFTERS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against Respondent, VICTOR VITON d.b.a. SCM SIGN CRAFTERS, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. omk 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of electrical contracting pursuant to subsection 455.228(1), Florida Statutes. 3. At all times material hereto Respondent was not duly registered or certified to engage in the practice of electrical contracting pursuant to Part II, Chapter 489, Florida Statutes. 4. Respondent’s address of record is 4220 East 11" Street, Hialeah, Florida 33013. ‘ 5. On or about November 11, 2000, Respondent entered into a contract with Abe and Allan Ng, wherein Respondent offered to manufacture and install two (2) sets of reverse channel neon lights/signs at twenty inches (20) in height. 6. A second contract, reflecting a change in the original, was entered by the aforementioned parties for the lights/signs to be twenty four inches (24”) in hei ght and for the removal of the old sign. 7. The total price for the job was $7,616.00 and the Respondent received $4,388.00. 8. Respondent manufactured the li ghts/sign and installed it at the Ng business, 2334 Ponce de Leon Boulevard, Coral Gables, Florida. 9. On or about January 8, 2001, a Notice of Violation was served on the Ng business for violation of the City of Coral Gables Municipal Code. The violation indicated that signs over eighteen inches (18”) in hei ght were in violation of the code and that the sign was installed without a permit. 10. In an interview with DBPR Investigator Sergio Gonzalez, Respondent stated that he did apply for permits and was notified of the violation after both signs had already been manufactured and one was installed. 11, The DBPR investigation revealed that there were no applications for permits on record. 12. Further investigation by DBPR revealed that SCM Sign Crafters is not a qualified corporation and that Respondent had previously been served a Notice/Order to Cease and Desist from the practice of unlicensed electrical contracting, relating to DBPR case number 1997- 12834, 13. Subsection 489.505(9), Florida Statutes, defines “contracting” as engaging in business as a contractor, or performing electrical or alarm work for compensation. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes "contracting". 14, — Subsection 489.505(10), Florida Statutes, defines "contractor" to mean a person who is qualified to engage in the business of electrical or alarm system contacting pursuant to a certificate or registration issued by the department. 15. Based upon the foregoing, Respondent has violated subsection 489.531(1)(a), . Florida Statutes (2000), by practicing contracting without being certified or registered. WHEREFORE, Petitioner respectfully requests the Agency Hearing Officer enter an Order imposing an administrative fine not to exceed $5,000 per violation and assess costs associated with investigation and prosecution, impose any or all penalties delineated within Chapters 489 and 455, Florida Statutes, and/or the rules promulgated thereunder. w Signed this ras -_ day of , 2001, ail S. Hoge Lead Professions Counsel COUNSEL FOR DEPARTM ‘ Laura Patricia Gaffney Assistant General Counsel F | [ F D FBN 437867 Department of Business and Professional Regutatian Department of Business and DEPUTY CLERK Professional Regulation Office of the General Counsel CLER Prandtl Michele rk Northwood Centre 1940 North Monroe Street DATE \\ ” \5: - A00 Suite 60 Tallahassee, FL 32399-2202 LPG/dmb Case # 2001-01425 gc: \W-$-200\

Docket for Case No: 02-003117