May 23 2006 13:28 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE @a/ 16 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vs. Case No. 2005-055044 TRACY SPERANZO DBA ACCENT HOMES LLC, Respondent. / ADMINISTRATIVE 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 electrical contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Part IL, 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 ifa 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 a hearing on the facts alleged. May 23 2006 13:29 G5/23/ 20686 81:23 B5e4146749 DEPR OGA PAGE 16/16 4, At po 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 electrical work, 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 Jume 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, 2003; $6950.00 by check number 5861 on September 17, 2005; $7700.00 by check number $801 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 13:29 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE 11/16 $8200.00 by check number 5800 on June 14, 2005; $7200.00 by check number 3768 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. Subsection 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Subsections 489,505(2) and (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services, 11, Subsection 489.505(2), Florida Statutes, provides that an “Alarm system contractor” means a “person whose business includes the execution of contracts requiring the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems . for compensation, including but not limited to, all types of alarm systems for all purposes.” 12, Subsection 489.505(12), Florida Statutes, provides that an "Electrical contractor" or “unlimited electrical contractor” means a person who conducts business in the electrical trade field and who has the experience, knowledge and skill to install, repair, alter, add to, or design _. electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form...” 13. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsection 489.505(12), Florida Statutes. May 23 2006 13:29 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE 14, | Subsection 489.531(1), Florida Statutes, provides that a person may not practice conttaéting or advertise himself or a business organization as available to engage in electrical or alarm system contracting unless the person is certified or registered to do SO. 15. Based upon the foregoing, the Respondent has violated Section 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. 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. Signed this [Bits day of Dreger FILE D Laura Pairicia Gaffney, FBN 437867 Department of Business and Professional Regulatiowt AGENCY CLERK Chief Attorney Unlicensed Enforcement/Accountancy 12/16 May 23 2006 13:29 B5/ 23/2086 81:23 8584146749 DEPR OGA PAGE 13/16 COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement/Accountancy Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 PC Found Oe taf i3/2y LPGfjlc

Docket for Case No: 06-001894