Jan 26 2007 11:07 @l/26/28ea7 11:44 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-034859 SCOTT VENTERS AND VENTERS SERVICES, LLC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against SCOTT VENTERS AND VENTERS SERVICES, LLC ("Respondent"), and says: l. 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 a hearing on the facts alleged. 4. Atno time material hereto, was the Respondent SCOTT VENTERS duly EXHIBIT » Jan 26 2007 11:07 @l/26/28ea7 11:44 8584146749 DEPR OGA PAGE @4/a7 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 VENTERS SERVICES, LLC duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 111 Huron Trail, Edenton, NC 27932, 7. On or about October 12, 2004, the Respondent contracted with Mary Campfield (hereinafter “Campfield”) to re-roof Campfield’s residence located in Gulf Breeze, Florida 32563 due to hurricane damage. 8. The total price quoted for the aforementioned project was $6000.00. 9. For the aforementioned project, the Respondent was paid $3500.00 by check number 2876 on October 19, 2004, 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.” ll. 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.” Jan 26 2007 11:08 @l/26/28ea7 11:44 8584146749 DEPR OGA PAGE 85/87 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 cage excluding costs associated with an attomey’s time: refusal to certify, or to certify with testrictions, and application for licensure; restriction of practice; issuance of areprimand; 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 2¥ 4, day of thie “st » Pele . FIL i tion Department of Business and professional Regulatio : AGENCY CLERK Laura Patricia Gaffney, FAN 432867 Chief Attomey Unlicensed Enforcement CLERK Sanh Ae (JouAnar som @l/26/ 2087 11:84 a5a4146749 DEPR OGA COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement Department of Business and Professional Regulation Office of the General Counsel 1940 Noxth Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 PCFound fP6 Sfay/oe LPGAile Jan 26 2007 11:08 PAGE 86/a7

Docket for Case No: 07-000470