; wy [0-024 os 4 7) ely, ty C STATE OF FLORIDA o a & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, “e, o, “4 te ao a oy , “wy ‘ DEPARTMENT OF BUSINESS AND ye fu, PROFESSIONAL REGULATION, Bae FS S “Le Petitioner, vs. Case No. 2007-048346 ~ JOHN SCOTT ; w CONSTRUCTION REPAIR AND SERVICE(S), INC., x) Respondent. g / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner"), files this Administrative Complaint against JOHN SCOTT AND CONSTRUCTION REPAIR AND SERVICE(S), INC. ("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 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, Respondent shall have waived his right to request a hearing on the facts alleged. 4, At no time material hereto, was Respondent JOHN SCOTT duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto was Respondent CONSTRUCTION REPAIR AND SERVICE(S), INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. At all times material hereto, specifically in May 2005, Respondent JOHN SCOTT was the Registered Agent and Officer/Director of Respondent CONSTRUCTION REPAIR AND SERVICE(S), INC. 7. Respondents’ last known address is 523 SE 15™ Street, Cape Coral, Florida 33990. 8. On or about May 13, 2005 and May 29, 2005 Respondent submitted — proposals to perform structural work, ingress/egress (windows/doors) work and pool contracting work at two (2) properties owned by Anna Castaldo (“Castaldo”) in Cape Coral, Florida. 9. For the aforementioned project(s), the Respondent was paid $7,384.00 by check number 100 on May 14, 2005; $5,200.00 by check number 101 on May 18, 2005; $3,500.00 by check number 102 on May 18, 2005; $3,800.00 by check number 104 on May 26, 2005; and $1,100.00 by check number 4847 on May 28, 2005. 10. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “{p]erson 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.” 11. 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. 12. Section 489. 113(2), Florida Statutes, provides that “[n]o person who is not certified or registered shall practice contracting in this state.” 13. 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. 14. _ Based upon the foregoing, 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.” 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, an 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 (SA day of __Febmety , QO COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement 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 pcFound A//S/0t LAr LPG/ fura Patricia Gaffney, Chief Attorney Unlicensed Enforcement

Docket for Case No: 10-007629