STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ‘ Case NUMBER: 2007-022484 NORBEY D. DAVILA AND USA ROOFING, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against NORBEY D. DAVILA AND USA ROOFING ("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 ifa 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. 9T/éa avd dad q . JPET S002 PT UeL STE TZ6aSs TE:PT shee /pT/ Te 4, At no time material hereto, was the Respondent NORBEY D. DAVILA 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 USA ROOFING duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 1047 Blvd. De La Parisienne, Mary Esther, Florida 32569-2312. 7. On or about February 8, 2007, the Respondent advertised in the “Thrifty Nickel American Classified” for the Escambia County, Florida region to perform roofing work. ) &, On or about February 15, 2007 the Respondent responded to a request for a bid for construction work to be performed at 8014 Malibu Circle, Pensacola, Florida, The Respondent offered to perform roofing work at the aforementioned location. 9. On or about March 31, 2005 the Respondent was issued a Notice and Order to Cease and Desist unlicensed contracting in DBPR case number 2005-003452 which ordered the Respondent to immediately cease the unlicensed practice of contracting in the State of Florida. 10. Qnor before May 23, 2005 the Respondent was issued a Notice and Order to Cease and Desist unlicensed contracting in DBP case number 2005-011154 which ordered the Respondent to immediately cease the unlicensed practice of contracting in the State of Florida. 9T/VEB Sod sidaq J8Tb TZ6a98 TEipl saa éeicl 8002 FT er Z/PT/ TB ll. 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.” 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 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) (®, 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 ST/Pa SBM “shee 2h:eT 800 rT Yer 98TbTcbese TE:PT shee /pt/ Te 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 issued in DBPR case number 2005-003452, COUNT THREE 19. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 40, Based upon the foregoing, the Respondent has violated Subsection 455.227(1\(q), Florida Statutes, by violating a lawful order of the department issued in DBPR case number 2005-011154. 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. 9T/Sa Sad dad 98TbTcbese TE:PT shee /pt/ Te Br:eT 800 rT Yer Signed this [Giebn day of WV laa , 2 ) a, ae top COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Laura Patricia Gafiney, F Chief Attorney Unlicensed Enforcement/Accountancy 437867 ED Chief Attorney Unlicensed Enforcement/Accountancy’ Department of Business and Professional Regulation 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 _- Sf. 1sf09 & FE LPG/ add Br:eT 800 rT Yer AGENCY CLERK CLERK S why £ 98TbTcbese TE:PT shee /pt/ Te

Docket for Case No: 08-000232