STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v5. Case Number: 2006-068043 2006-038344 CURTIS EDWARDS AND C & E CONCRETE FINISHING & REPAIR SERVICE, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner” or "DBPR"), files this Administrative Complaint against CURTIS EDWARDS AND C & E CONCRETE FINISHING & REPAIR SERVICE, 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 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. ‘6/28 Fd FOO sda 6pé9oPTpags BEST 462/12 /68 PRiST 2ooz Tz das 4. At no time material hereto, was the Respondent CURTIS EDWARDS 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 C & E CONCRETE FINISHING & REPAIR SERVICE, INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. At all times material hereto, the Respondent CURTIS EDWARDS was the Registered Agent and officer of Respondent C & ‘EB CONCRETE FINISHING & REPAIR SERVICE, INC. 7. Respondent’s last known address is 916 Creek Road, Tallahassee, Florida 32305. . 8. On or about May 8, 2005 the Respondent submitted an estimate to Jackie Randolph (“Randolph”) to perform contracting work at Randolph’s property in Leon County, Florida. 9. The scopes of work indicated on the aforementioned estimate include structural work, roofing, A/C work, plumbing, and electrical work. 10.‘ For the aforementioned project, the Respondent was paid $1000.00 by check number 2627 on May 23, 2005; $1500.00 by check number 5622 on May 27, 2005; $1500.00 by check number 2870 on June 17, 2005; $2580.00 by check number 1002 on July 22, 2005; $1275.00 by check number 1013 on August 16, 2005 Il. Subsection 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 f{G/ER Fd FOO sda 6pé9oPTpags BEST 462/12 /68 PrIST 4002 Tz das 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.” 12. 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. 13. Section 489.113(2), Florida Statutes, provides that “[nJjo person who is not certified or registered shall practice contracting in this state.” 14. 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. COUNT ONE 15. _—_- Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 16. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), Florida Statutes, which provides that no person shall “[e]Jngage 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.” COUNT TWO 17. _‘ Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). fG/Pa Fd FOO sda 6pé9oPTpags BEST 462/12 /68 Crist 4002 Tz das 18. 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 BO. 19, Based upon the foregoing, the Respondent has violated Subsection 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. 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 Zork, day of Lhe ceudoen — » Roope Lb Laura Patricia Gaffney, FEN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 0011116 Assistant General Counsel Depery Er D Department of Business and partment of an and ctessional R Professional Regulation AGENCY cLeeK Seullation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 CLERK ord, 2, Woe any pat_l- 2. 4 wo €=2007 46/58 Fd FOO sda 6pé9oPTpags BEST 462/12 /68 Geist 2ooz Tz das Telephone (850) 488-0062 Fax (850) 414-6749 pC Found Pe 12/20/06 46/98 Fd FOO sda 6pé9oPTpags BEST 4862/12/68 Crist 4002 Tz das

Docket for Case No: 07-004393