Jan 16 2008 14:06 @l/16/2888 14:83 4874258268 WRIGHT FULFORD MOORH PAGE 83/88 =~, ~ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-008485 DAVID K. JONES, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint against DAVID K. JONES, (“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 jiitisdiction over thé ~ ~ ~~ ~~ 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 28-106.11, 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 Respondent duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. Respondcnt’s last known address is 218 Lakevicw Ave. #2, Lantana, Florida 33462. Jan 16 2008 14:06 B1/16/2088 14:83 4874250268 WRIGHT FULFORD MOORH PAGE 4/a8 a ~ 6. At no time material hereto, did Blue Hawaiian of the Treasure Coast (hereinafter “Blue Mawatian”) have a licensed qualifying agent or qualifying business license to practice contracting pursuant to Chapter 489, Florida Statutes, 7. Section 489.105(3), Florida Statutes, provides, inter alia, that a contractor is a person who, for compensation, undertakes to, submits a bid to, or does himself or herself 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 described in one of the subsections of Section 489.105(3), Florida Statutes. 8. Section 489,105(3), Florida Statutes, provides, inter alia, that the practice of “contracting” includes the attempted sale of contracting services and the negotiation or bid for a contract on these services, 9. On or about October 4, 2005, Respondent, doing business as Blue Hawaiian, entered into a contract with JD Prosser (hereinafter “Prosser’) to install a pool at Prosser’s house located at 507 North J Street, Lake Worth, Florida. 10. The contract price for the aforementioned project was $49,083.00. 11. Onor about October 3, 2005, Geoffrey Pugh (hereinafter “Pugh), a certified pool contractor with the State of Florida (License No. CP C056970), applied for and was issued a building permit (Permit No. 05-070487) from the City of Lake Worth Building Department for the above described project. 12, In or about October 2005, Respondent commenced work on the project. 13. On or about November 14, 2005, Respondent ceased work on the project. 14. At the lime work ceased, the project was not complete. 15. At the time work ceased, Prosser had paid Respondent approximately $34,281.90. Jan 16 2008 14:07 @l/16/2888 14:83 4874258268 WRIGHT FULFORD MOORH PAGE @5/@8 ~, a COUNT 16. Petitioner realleges and incorporates the allegations set forth in paragraplis one through fifleen as though fully set forth 17. Section 489.127(1)(f), Florida Statutes, states that no person shall engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority. 18. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489.127(1\(), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: impose an administrative finc not to excced $10,000 per violation as delineated within Section 489.13, Florida Statutes, and/or any ” other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this (4 day of hy , 2006. he ele Kelly Aégsistant General Counsel F | epartme! f an B Professto al Regulation inass a id Pro ii Oer nt o} COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation : CLERK Soy oh . \J ned my Office of the General Counsel - 22 - Zoe oate D2 Bee hee Jan 16 2008 14:07 @l/16/2888 14:83 4874258268 WRIGHT FULFORD MOORH PAGE 86/88 a =. ‘ 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case #: 2006-008485 re. Jourd)), T-b -o

Docket for Case No: 08-000305