Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: RICHARD STEPHEN JOHNS, JR. AND AMBASSADOR REMODELING LLC
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: May 29, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 18, 2007.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA _
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
VS. Case Number: 2006-046092
‘ 2006-046095
RICHARD STEPHEN JOHNS JR.
AND AMBASSADORS REMODELING LLC,
: Respondent.
: /
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against
RICHARD STEPHEN JOHNS JR. AND AMBASSADORS REMODELING LLC,
("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 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.
EAHIBIT *
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4, At no time material hereto, was the Respondent RICHARD STEPHEN
JOHNS JR. 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 AMBASSADORS
REMODELING LLC duly qualified to engage in the practice of contracting pursuant to
Chapter 489, Florida Statutes.
6. Respondent’s last known address is 3435 Ococee Apopka road, Apopka,
Florida 32703-8519.
7. At all times material hereto, the Respondent RICHARD STEPHEN
JOHNS JR. was the Registered Agent and Manager/Member of Respondent
AMBASSADORS REMODELING LLC.
8. On or about May 27, 2006, the Respondent contracted with Victor and
Ann Gitzke (hereinafter “Gitzke”) to perform structural remodeling work which included
plumbing and electrical work at Gitzke’s residence located in Sanford, Florida.
9. The original quoted price for the aforementioned work was $38,500.00.
10, For the aforementioned project, the Respondent was paid $7700.00 by
check number 3909 on May 26, 2006, $4600.00 by check number 3914 on hue 1, 2006;
$5800.00 by check number 3916 on June 2, 2006 and $8800.00 by check number 3921
on June 9, 2006. ; .
11. On or about May 27, 2004 the Respondent was issued a Notice and Order
io Cease and Desist in DBPR Case Number 2003-096354, which ordered the Respondent
to immediately cease the unlicensed practice of contracting in the State of Florida.
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DBPR Case Number 2003-096554 was closed June 17, 2004 pursuant to the issuance of
‘the Notice and Order to Cease and Desist.
12. Onor about May 27, 2004, the Respondent was issued a Notice and Order
to Cease and Desist in DBPR Case Number °2003-096557, which ordered the Respondent
to immediately cease the unlicensed practice of contracting in the State of Florida.
DBPR Case Number 2003-096557 was closed June 17, 2004 pursuant to the, issuance of
the Notice and Order to Cease and Desist. .
13. “Subsection 489.105(3), Florida Statutes, provides that a “contractor” is 4
“[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.”
14. The contracting for and/or the performance of the work described above
constitutes engaging in the practice of contracting pursuant to Subsections 489.105(3),
489.505(2) and/or 489.505(12), Florida Statutes.
15. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not
certified or registered shal] practice contracting in this state.”
16. Subsections 489.105(6) and 489.505(9), Florida Statutes, provide that the
attempted sale of contracting services and the negotiation or bid for a contract on these
services also constitutes contracting.
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COUNT ONE
17. Petitioner realleges and incorporates herein by reference the allegations
contained in the foregoing paragraphs one (1) through sixteen (16).
18. 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
jn 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.”
COUNT TWO
19. Petitioner realleges and incorporates herein by reference the allegations
contained in the foregoing paragraphs one (1) through sixteen (16).
20, Subsection 489.531(1), Florida Statutes, provides that a person may not
practice contracting 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
50.
21: Based upon the foregoing, the Respondent has violated Subsection
489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical
contracting.
COUNT THREE
22. Petitioner realleges and incorporates herein by reference the allegations
contained in the foregoing paragraphs one (1) through sixteen (16).
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23, Based upon the foregoing, the Respondent has violated Subsection
455.227(1)(q), Florida Statutes, by violating a lawful order of the department in regard to
the Notice and Order to Cease and Desist issued in DBPR: Case Number 2003-096554.
"COUNT FOUR
24. Petitioner realleges and incorporates herein by reference the allegations
contained in the foregoing paragraphs one (1) through sixteen (16).
25, Based upon the foregoing, the Respondent has violated Subsection
455,227(1)(q), Florida Statutes, by violating 2 lawful order of the department in regard to
the Notice and Order to Cease and Desist issued in DBPR Case Number 2003-096357.
WUEREFORE, 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 ofa 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 3 [ot _ day of Sa gueny, 2007,
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of Business and eek i — 7,
popartmen AGENCY CUE Laura Patricia Gaffney, FBN‘437867
3 Chief Attomey
. 4 Unlicensed Enforcement
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COUNSEL FOR DEPARTMENT:
Jennifer Condon, FBN 11116
Senior Attorney
Unlicensed Enforcement
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
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Docket for Case No: 07-002356
Issue Date |
Proceedings |
Jul. 18, 2007 |
Order Closing File. CASE CLOSED.
|
Jul. 18, 2007 |
CASE STATUS: Hearing Held. |
Jul. 03, 2007 |
Petitioner`s Pre-hearing Stipulation filed.
|
Jul. 03, 2007 |
Notice of Service filed.
|
Jun. 22, 2007 |
Amended Notice of Hearing (hearing set for July 18, 2007; 9:00 a.m.; Orlando, FL; amended as to date of hearing and room location).
|
Jun. 18, 2007 |
Motion to Re-schedule Hearing filed.
|
Jun. 13, 2007 |
Order of Pre-hearing Instructions.
|
Jun. 13, 2007 |
Notice of Hearing (hearing set for July 12, 2007; 9:00 a.m.; Orlando, FL).
|
Jun. 06, 2007 |
(Petitioner`s) Unilateral Response to Initial Order filed.
|
May 30, 2007 |
Initial Order.
|
May 29, 2007 |
Election of Rights filed.
|
May 29, 2007 |
Administrative Complaint filed.
|
May 29, 2007 |
Agency referral filed.
|