Oct 4 2007 13:58 la/ad/2ae7 13:47 8584146749 DEPR OGA PAGE 22/27 STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2007-008804 PATRICK D. THOMAS AND RENT-A-HUSBAND, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against PATRICK D. THOMAS AND RENT-A-HUSBAND, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to Section 20.165, Flomda Statutes, and Chapters 455 and 489, Part II, 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 13:58 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 23/27 4, At no time material hereto, was the Respondent PATRICK D. THOMAS duly registered or certified to engage in the practice of contracting pursuant to Chapter 489 Florida Statutes. 3. At no time material hereto, was the Respondent RENT-A-HUSBAND duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent's last known address is 3 Clearwater Court South, Palm Coast, Florida 32137. 7. On or about January 23, 2007, during an undercover sting operation, the Respondent submitted an estimate for electrical work which included, in part, the removal and replacement of three ceiling fans and a light fixture, in Volusia County, Florida. 8. The original price quoted by the Respondent for the aforementioned project was $120.00. 9. The Respondent was issued a Notice and Order to Cease and Desist unlicensed contracting in DBPR case number 2004-019264, which was closed pursuant to the aforementioned Notice and Order to Cease and Desist, on September 17, 2004, 10. Subsection 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm wotk for compensation and includes performance of any act outlined in Subsections 489.505(2) and (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. Oct 4 2007 13:58 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 24/27 il. 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." 12. Subsection 489.505(12), Florida Statutes, provides that an "Electrical contractor" or "unlimited electrical contractor" means a 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..." 13. 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. 14. 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 30, COUNT ONE 15. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). Oct 4 2007 13:59 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 25/27 16. 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 17. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 18. Based upon the foregoing, the Respondent has violated Subsection 455.227(1\(q), Florida Statutes, by violating a lawful order of the department. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or 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. ef i ff , Signed this GEL day of banc ,_ ge ?. FAL . . tig i Department o oe ee Regu Laura Patricia Gaffney, FBN 437867 AG Chief Attorney Unlicensed Enforcement cure Sagods (ouAwn mm DATE U - {2-200 t 2001 lafad/eae7y 1a:47 8584146749 DEPR OGA COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 11116 Senior Attomey 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 Al ds) fe? LPGijlc Oct 4 2007 13:59 PAGE 26/27

Docket for Case No: 07-004574