STATE OF FLORIDA ap DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIGY , DEPARTMENT OF BUSINESS AND 4Oi iy, PROFESSIONAL REGULATION, or, ‘hg OP Petitioner, O | - Sol 4 Os “he vs. , ; Case No. 2006-019873 ROBERT EVAN LEWIS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against ROBERT EVAN LEWIS, ("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. 4. At no time material hereto, was the Respondent ROBERT EVAN LEWIS duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. . Respondent’s last known address is 3700 Condel Drive, Orlando, Florida 32801. . 6. On or about April 18, 2005, the Respondent contracted with Duncan Benedict (hereinafter “Benedict”) to perform pool repairs at Benedict’s residence located in Apopka, Florida. T . The original quoted price for the aforementioned project was $3700.00. 8, The Respondent was paid $3700.00 for the aforementioned project. 9. Section 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 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.” 10. 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. 11. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 12. 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. 13. Based upon the foregoing, the Respondent has violated Section 489.127(1) (®), 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.” 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 Jol day of _. Mel FILED Laura Patricia Gaffney, FBN 437867 Department of Business and Professional Regulation ; Chief Attorney AGENCY CLERK Unlicensed Enforcement CLERK Sor f- Words ony + -B-Z2e07 DATE COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 11116 Senior Attorney Lo Unlicensed Enforcement Department of Business and Proféssional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 PC Found L?6 3/e2/e7 LPGijle

Docket for Case No: 07-005018