May 23 2006 13:27 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE 2/16 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-055042 TRACY SPERANZO DBA ACCENT HOMES LLC, Respondent. / on MINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against TRACY SPERANZO DBA ACCENT HOMES LLC, ("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. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request 4 hearing on the facts alleged. May 23 2006 13:27 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE 3/16 4. At no time material hereto, was the Respondent TRACY SPERANZO duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto was the Respondent ACCENT CONSTRUCTION LLC duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent's last known address is 5600 Jaker Lane, Pensacola, Florida 32526. 7. At all material times hereto, the Respondent TRACY SPERANZO has been the Registered Agent and Manager/Member of Respondent ACCENT CONSTRUCTION LLC. 8. On or about May 5, 2005, the Respondent contracted with Sue Bartol (“Bartol”) to perform remodeling services which included structural, plumbing and roofing, at Bartol’s residence located in Pensacola, Florida. 9. The Respondent was paid $6000.00 by check number 5841 on July 25, 2005; $6000.00 by check number 5840 on July 25, 2005, $3420.00 by check number 5807 on June 24, 2005; $9000.00 by check number 5806 on June 24, 2005; $8250.00 by check number 5805 on June 24, 2005; $6000.00 by check number 5803 on June 26, 2005; $6950.00 by check number 5860 on September 16, 2005; $6950.00 by check number 5859 on September 17, 2005; $8000.00 by check number 5842 on July 25, 2005; $6950.00 by check number 5861 on September 17, 2005; $7700.00 by check number 5801 on June 16, 2005; $6420.00 by check number 5804 on June 27, 2005; $6010.00 by check number 5786 on May 30, 2005; $8715.00 by check number 5793 on June 7, 2005; May 23 2006 13:27 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE @4/16 $8200.00 by check number 5800 on June 14, 2005; $7200.00 by check number 5768 on May 5, 2005; $6460.00 by check number 5777 on May 13, 2005 and $16,500.00 by check number 5780 on May 19, 2005. 10. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[pjerson 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 one of the subsequent paragraphs of this subsection.” 11. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Section 489.105(3), Florida Statutes. 12. Section 489.113(2), Florida Statutes, provides that “[n]o person who is not certified or registered shall practice contracting in this state.” 13. Section 489,105(6), Florida Statutes, provides that "The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. 14. Based upon the foregoing, the Respondent has violated Section 489.127(1) (®, Florida Statutes, which provides that no person shall “[e]ngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization...without being duly registered or certified or having a certificate of authority.” May 23 2006 13:28 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE 5/16 WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 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. Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement/Accountancy COUNSEL FOR DEPARTMENT: Laura Patricia Gaffhey, FBN 437867 Chief Attorney Unlicensed Enforcement/Accountancy Department of Business and Professional Regulation Office of the General Counsel. F | L. E D 1940 North Monroe Street Departrhant of Business and Professional Regulation Tallahassee, FL 32399-0750 AGENCY CLERK Telephone (850) 488-0062 Fax (850) 414-6749 - CLERK Soredn Z. (J orAviny mtg PCFound__JA//A/ O3 tA pate (& - /§- 2005 LPG/jlc May 23 2006 13:28 _ 65/23/2886 1:23 8584146749 DEPR OGA PAGE 86/16 ELECTION OF RIGHTS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Respondent: TRACY SPERANZO DBA ACCENT HOMES LLC Case No.: 2005-055042 Thave read the Administrative Complaint in this matter, and elect as follows: CHECK ONE 1 (} Telect not to dispute the material facts alleged in the Administrative Complaint and wish to be heard on the conclusions of law and the issue of penalty. | therefore request a hearing not involving disputed issues of material fact, under section 120,57(2), Florida Statutes. L understand that at the hearing I will not be allowed to deny the facts alleged in the Administrative Complaint, but will only be permitted to submit written and/or oral evidence in mitigation of the charges in the Administrative Complaint or explain why the facts alleged do not amount to a violation of law. 2. Ca I do dispute the following material facts alleged in the Administrative Complaint and request that this be considered a petition for a hearing involving disputed issues of material fact before an Administrative Law Judge (ALJ) with the Division of Administrative Hearings (DOAH), pursuant to Section 120.57(1), Florida Statutes. 1 understand that a second hearing before the agency hearing officer shall be held upon issuance of a recommended order by the ALJ. YOU MUST STATE BELOW EXACTLY WHICH FACTS YOU DISPUTE. (Use extra pages if needed.) _ See pervacien . Pursuant to Section 120.373, Florida Statutes, mediation is not available for this type of agency action. THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT FULLY UNDERSTAND THE TERMS OF THIS DOCUMENT, YOU SHOULD SEEK LEGAL ADVICE BEFORE SIGNING. RESPONDENT Street Address City State Zip Respondent’s daytime phone number PecrVveD FEB 0 2 7006 DBPR Agency Clerk

Docket for Case No: 06-001893