Jan 31 2007 20:52 @l/al/28ea7 21:42 8589219186 DEPR PAGE 2/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, va, Case No. 2003-095230 FRANK D’ANDREA d/b/a STATEWIDE WINDOWS & HOME IMPROVEMENT, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against FRANK D’ANDREA d/b/a STATEWIDE WINDOWS & HOME IMPROVEMENT, 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 Respondent to elect a hearing regarding the allegations contained herein, Rule 28-106,11, Florida Administrative Code, provides in part that ifa Respondent fails to request a hearing within 21 days of receipt of an agency pleading, the Respondent shall have waived his tight to request a hearing on the facts alleged. Jan 31 2007 20:53 1/31/2687 21:42 8589219186 DEPR PAGE 83/18 4, At all times material hereto, Respondent was not duly registered or certified to engage in the practice of construction contracting pursuant to Part I of Chapter 489, Florida Statutes. 5. Respondent’s last known addresses of record are 6593 Powers Avenue, Jacksonville, Florida 32217 and P.O, Box 56488, Jacksonville, Flotida 32241. 6. On or about June 5, 2002, Respondent entered into a written contract with Jose Flores ("Complainant") to remodel Complainant’s home located at 233 Belvedere Street in Atlantic Beach, Florida ("the residence"). 7. The total contract price was $34,000.00, of which amount Complainant paid nothing to Respondent. 8. On or about August 2, 2002, Arthur O. Silvers ("Silvers"), a Certified Building Contractor, in the State of Florida, possessing license number CBC000328, obtained permit number 24574 from the City of Atlantic Beach for the siding construction to be performed on the residence. 9. On or about August 16, 2002, Silvers obtained permit numbers 24657 and 24661 from the City of Atlantic Beach for the roofing and remodeling work to be performed pursuant to the contract between Complainant and Respondent. 10. Section 489.105(3), Florida Statutes, provides that a "contractor" is a “[plerson 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.” Jan 31 2007 20:53 @l/al/28ea7 21:42 8589219186 DEPR PAGE @4/1a 11. Section 489,105(3)(a), Florida Statutes, defines the term " feneral contractor” to mean ".,.a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under part lof Chapter 489, Florida Statutes, and who may perform any work requiring licensure under part I of Chapter 489, Florida Statutes, except as otherwise expressly provided in Section 489,113." 12. The contracting for and/or the performance of the construction work described above constitutes engaging in the practice of a general contractor within the meaning of Section 489.105(3)(a), 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 "Contracting" means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts set forth in Section 489.105(3), Florida Statutes which define types of contractors, 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)(4), Florida Statutes, which provides that no person shall "TeJngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor . without being duly registered or certified or havin @ 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 excced $10,000.00 Jan 31 2007 20:53 @l/al/28ea7 21:42 8589219186 DEPR PAGE 45/18 per incident; assessment of costs related to the investieation 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. Signed this YL day of :, 2005. ies A. 20 Assistant General Counsel Case #2003-095230 LAB/be PL Founal /4/2S

Docket for Case No: 07-000562