Jul 21 2006 16:07 7/21/2866 16:83 8584146749 DEPR OGA PAGE @2/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vs. Case No. 2005-032329 BRYON WILSON DBA WILSON’S CONTRACTING, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against BRYON WILSON DBA WILSON’S CONTRACTING, INC., ("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 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. 4, At no time material hereto, was the Respondent BRYON WILSON duly Jul 21 2006 16:07 7/21/2866 16:83 8584146749 DEPR OGA PAGE 83/88 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 WILSON’S CONTRACTING, INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 232 Massachussetts Avenue, Pensacola, Florida 32505. 7. On or about March 20, 2005, the Respondent submitted a proposal to Janice Miller (“Miller”) offering to perform structural repairs, including the replacement of door’s, casings, cabinets and countertops, at Miller’s residence in Cantoument, . Florida.. 8. The original quoted price for the aforementioned project was $31,335.00. 9. The Respondent was paid $15,668.00 by check number 1884 on March 20, 2005 and $6900.00 by check number 001 on April 18, 2005. 10. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “Tpjerson 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. Jul 21 2006 16:07 7/21/2866 16:83 8584146749 DEPR OGA PAGE @4/ae ee a 12. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contacting 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) (f), 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.” 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 CALA _ day of Aplin (Giclee, , OS FILED of Hp Department of Business and e Laura Patricia Gaffney, FBN 437867 cen Cerdel) Vlezholy Chief Attomey 10-17-25" Unlicensed Enforcement/Accountancy DATE - - Jul 21 2006 16:07 7/21/2866 16:83 8584146749 DEPR OGA PAGE @5/@8 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 APG q[2ales” LPGflc

Docket for Case No: 06-002657