a STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case Number: 2006-017815 RAYMOND MURPHY AKA ROY MURPHY, Respondent. ADMONSISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS ANID PROFESSIONAL REGULATION ("Petitioner" or “DBPR"), files this Administrative Complaint against RAYMOND MURPHY AKA ROY MURPHY, ("Respondent"), and says: L 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 clect a hearing yegarding the allegations contained herein, Rule 28-106,111, Flonda 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 ou the facts alleged. fG/Pa Fd Ada SSBTETé6aS8 Ge:pl sae /e2/Se Zripl 800% cz Rep, 4. Ai no time material hereto, was the Respondent RAYMOND MURPILY AKA ROY MURPHY duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes, 5. Respondent's last known address ig 359 Laurie Road, West Palm Beach, Florida 33405. 6. On or around September 2004 the Respondent verbally contracted with foyce Calzaretta (“Calzaretta") to remodel Calzaretta’s condominium in Palm Beach County, Florida. 7, The scopes of work included in the aforementioned remodeling are electrical, A/C work, ingress/egress (windows/doors), and plumbing. 8. For the aforementioned project, the Respondent was paid $4000.00 by check number 100] on Jaiuary 26, 2005; $5000.00 by check mumber 1002 on March 22, 2005; $10,000.00 by check number 1003 on April 4, 2005;$10,000.00 by check number 1004 on April 12, 2005; $20,000.00 by check number 1005 on April 21, 2005; and $13,000.00 by check number 1007 on June 15, 2005. 9, Subsection 489.105(3), Florida Statutes, provides that a “contractor” is a “Tojerson 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 deseribed in one of the subsequent paragraphs of this subsection.” 46/58 Fd Ada SSBTETé6aS8 Ge:pl sae /e2/Se Zeipl 800z eZ fey 44/98 10, The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsections 489, 105(3), 489. 305(2) and/or 489.505(12), Florida Statutes. 1d, Section 489, 113(2), Florida Statutes, provides that “[njo person who is not certified or registered shall practice contracting in this state.” 12, Subsections 489, 105(6) and 489,505(9), Florida Statutes, provide that the attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting, COUNT ONE 13. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through twelve (12). 14. Based upon the foregoing, the Respondent has violated Section 489. 127(1) (, Florida Statutes, which provides that no person shall “[e}ngage in the busimess 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 15. —- Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing purapraphs one (1) through twelve (12). 16. 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 80. Fad Ada SSBTETé6aS8 Ge ipt Sripl soo cz Fey, 8082 /£¢ /S8 17, — Based upon the foregoing, the Respondent has violated Subsection 489,531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. WHEREFORE, Petitioner respectfully requesis 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 attomey’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. . fj Signed this Ret day of se. Laura Patrici Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Sorin Ardelean Assistant General Counsel Department of Business and F | L - ; Professional Regulation Department of Business atid Professional Regulatnat AGENCY CLERK Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 438-0062 Fax (850) 414-6749 | _, PCFound A # fo 3 ‘6/28 Fad Ada SSBTETé6aS8 Ge:pl sae /e2/Se Chipl 800z cz Airey

Docket for Case No: 08-002557