Oct 4 2007 13:57 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 17/27 _ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioner, v5. Case No. 2007-008834 ALFRED J. MASCOLO AND MASCOLO HOME REMODELING/ HANDYMAN SERVICE INC., Respondent. / pp ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner” or "DBPR"). files this Administrative Complaint against ALFRED J. MASCOLO AND MASCOLO HOME REMODELING/HANDYMAN SERVICE INC. ("Respondent"), and says: 1. Petitioner is the state agency charged with tegulating 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. Oct 4 2007 13:57 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 18/2 7 4, At no time material hereto, was the Respondent ALFRED J. MASCOLO 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 MASCOLO HOME REMODELING/ HANDYMAN SERVICE INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 34A Raintree Place, Palm Coast, Florida 32137. 7. At all times material hereto, the Respondent ALFRED J. MASCOLO was lead the Registered Agent and Officer/Directot of Respondent MASCOLO HOM REMODELING/ HAND YMAN SERVICE INC. 8. On or about January 23, 2007, during an undercover operation, the Respondent verbally contracted to remodel a bathroom which inchided plumbing and elecitical work, in Flagler County, Florida. 9. The total price quoted for the aforementioned project was $1500.00. 10. The Respondent was issued a Notice and Order to Cease and Desist . unlicensed contracting in DBPR case number 2006-026868 which was closed pursuant to the aforementioned Notice and Order to Cease and Desist, on July 31, 2006. ll. 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 Oct 4 2007 13:57 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 19/27 others or for resale to others; and whose job scape 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 Section 489.105(3), 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 "The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. COUNT ONE 18. 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]ngage 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). 18. Based upon the foregoing, the Respondent has violated Subsection 45$.227(1\(q), Florida Statutes, by violating a lawful order of the department. Oct 4 2007 13:57 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 28/27 WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more 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; 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 4/1, day of ml Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 11116 FILED Senior Attorney Oepartment of Business and Professional Regulation Unlicensed Enforcement AGENCY CLERK Department of Business and . Professional Regulation Office of the General Counsel CLERK 1940 North Monroe Street So on wl x. « (WeuAony ny Tallahassee, FL 32399-0750 ottea~ 12-200 Telephone (850) 488-0062 Pax (850) 414-6749 PC Found A fe ¢e/ t ? LPG/jle

Docket for Case No: 07-004575