Oct 4 2007 13:54 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 85/27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No. 2007-010261 TEQBALDO ZAVALA AND O2ZIE HANDYMAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against TEOBALDO ZAVALA AND OZZIE HANDYMAN, ("Respondent"), and says: l. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Part Il, Florida Statutes. | 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of electrical 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. Oct 4 2007 13:54 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 86/2 7 4. At no time material hereto, was the Respondent TEOBALDO ZAVALA duly qualified, 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 OZZIE HAND YMAN duly qualified, registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent's last known address is 126 Sea Trail, Palm Coast, Florida 32184. 7. At all times material hereto, the Respondent TEOBALDO ZAVALA was the owner of Respondent OZZIE HANDYMAN. 8. On or about January 25, 2007, the Respondent, during a DBPR, sting operation, submitted an estimate for electrical work which consisted of the removal and replacement of three cetling fans, a light fixture and the wiring of a new light, in Palm. Coast, Florida. 9. The original quoted price for the aforementioned project was $400.00. 10. The Respondent was issued a Notice and Order to Cease and Desist in DBPR case number 2006-001698, which was closed on May 17, 2006, pursuant to such notice. The aforementioned Notice and Order to Cease and Desist instructed the Respondent to immediately cease the unlicensed practice of electrical contracting. i. Subsection 489.505(9), Florida Statutes, provi des that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Subsections 489.505(2) Oct 4 2007 13:54 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE i? Arla? and (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. 12. Subsection 489.505(2), Florida Statutes, provides that an “Alarm system contractor” means a “person whose business includes the execution of contracts requiring the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation, including but not limited to, all types of alarm systems for all purposes." 13. Subsection 489.505(12), Florida Statutes, provides that an "Electrical contractor" or “unlimited electrical contractor" means 4 person who conducts business in the electrical trade field and who has the experience, knowledge and skill to install, repair, alter, add to, or design ...electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form..." 14. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsection 489.505(12), Florida Statutes. 15. 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 so. COUNT ONE 16. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fifteen (15). Ly Oct 4 2007 13:55 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 8/27 17. Based upon the foregoing, the Respondent has violated Section 489,531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. COUNT TWO 18. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fifteen (15). 19, Based upon the foregoing, the Respondent has violated Subsection 45$.227(1)(q), Florida Statutes, by violating a lawful order of the department WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or inore of the following penalties: an administrative fine not to exceed $5,000.00 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; resiriction of practice; issuance of a reprimand; cotrective 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 _ Jolly day of FI Department of Business and Pro Laura Patricia Gaffney, PBN 437867 AGENCY CLERK Chief Attomey Unlicensed Enforcement faggional Regulation cuRK Saagda f. (Jeter avrg DATE Y-1Z2- 20>! 2- 2007 lafad/eae7y 1a:47 8584146749 DEPR OGA 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 PC Found fe {iiole 2 LPGfjle Oct 4 2007 13:55 PAGE @g/27

Docket for Case No: 07-004572