Jan 11 200? 10:44 @l/1l/28e7 1a:41 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, V5. Case No. 2006-021256 MARK COURNOYER, AND GLOBAL PAINTING, INC., - Respondent. Ss o. T Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against MARK COURNOYER AND GLOBAL PAINTING, INC., ("Respondent"), and says: 1. Petitioner is the state agency charged wrth 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 a hearing on the facts alleged. . 4. At no time material hereto, was the Respondent MARK. COURNOYER Jan 11 200? 10:44 @l/1l/28e7 1a:41 8584146749 DEPR OGA PAGI iE ad/ay duly registered or certified to engage in the practice of contracting pursuant to Chapter ARO, Florida Statutes. 5. At no time material hereto was the Respondent GLOBAL PAINTING, INC., duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. | 6. At all times material hereto, MARK COURNOYER was the Registered Agent and Director of GLOBAL PAINTING, INC. | 7. Respondent’s last known address is 400 South Peninsula Drive, Daytona Beach, Florida 32118. 8 | On or about January 30, 2006 the Respondent submitted a proposal to James Spratt ("Spratt") offering to replace two (2) decks and add two (2) “ADA wheelchair ramps” at Spratt’s residence in Ponce Inlet, Florida. 9. The quoted price for the aforementioned project was $23, 400.00. 10. Respondent was paid $10,000.00 by check number 6613 on February 3, 2006. 11. 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 struchure, 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.” Jan 11 200? 10:44 @l/1l/28e7 1a:41 8584146749 DEPR OGA PAGE 85/87 12. 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. 13. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” ) 14, 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. 15. 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.” 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 attomey’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. Jan 11 200? 10:45 1/11/2687 16:41 8584146749 DEPR OGA PAGE 86/87 a Signed this 7 ly day of le) ode) boa » POd ke, Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: F | Laura Patricia Gaffney, FBN 437867 , ; Chief Attorn Unlicensed Enforcement Department of Business and Professional Regulation OY a cinen —™ AGENCY CLERK Department of Business and ’ Professional Regulation Office of the General Counsel j940 North Monroe Street RK ~ Jaan ny Tallahassee, FL 32399-0750 ae 90 vs & * pao Telephone (850) 488-0062 DATE Net os ees Fax (850) 414-6749 pcFound Pb 10/27/06 LPG!

Docket for Case No: 07-000137