Deputy Agerioy Clerk STATE OF FLORIDA CLERK —_ Evette Lawson-Practor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT J pate 1112/2012 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case Nos. 2011-022528 DAVID GURLEY d/b/a, WEST ORANGE FRAMING, LLC, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint against David Gurley, d/b/a West Orange Framing, LLC, and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting and electrical contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of contracting and electrical contracting pursuant to Section 455.228, Florida Statutes. 3. At no time material to this case was Respondent, David Gurley, duly registered or certified to engage in the practice of contracting or electrical contracting pursuant to Chapter 489, Florida Statutes. Document in Unnamed Page 1 of 8 Filed May 11, 2012 3:10 PM Division of Administrative Hearings 4. At no time material to this case was Respondent, West Orange Framing, LLC, duly licensed or qualified in the practice of contracting or electrical contracting pursuant to Chapter 489, Florida Statutes. 5. The last known address for Respondent is 206 Melyjane Drive, Winter Garden, Florida 34787. 6. On or about September 1, 2008, Respondent entered into a contract with William J. Burton to provide services at 208 Meljane Drive, Winter Garden, Florida 34787 for compensation. 7. The scope of the work included but was not limited to building a residential addition that required regulated construction and electrical services. 8. The scope of work referenced above requires licensure issued by Petitioner. 9, Respondent was compensated for the scope of work referenced above. 10. Section 489.113(2), Florida Statutes, provides that “no person who is not certified or registered shall practice contracting in this state.” 11. Section 489.105(3), Florida Statutes, defines a contractor as a: [plerson 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, Document.in Unnamed Page 2 of 8 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. 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. Section 489,127(1) (f), Florida Statutes, 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 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. 14, The contracting for and/or performance of the work described above is within the scope of work described in Sections 489.105(3) and 489.105(6), Florida Statutes, and thus constitutes engaging in the practice of contracting. 15. Section 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 so. Document in Unnamed Page 3 of 8 16. Section 489.505(9), Florida Statutes, provides that “contracting” means: engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Section 489.505(12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. 17. Section 489.505(12), Florida Statutes, provides that an "electrical contractor" or an "unlimited electrical contractor" is: a person who conducts business in the electrical trade field and who has the experience, knowledge and skill to install, repair, alter, add to, or design . . . electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form. 18. By contracting for and/or the performance of the work described above, Respondent engaged in the practice of electrical contracting pursuant to Sections 489.505(9) and 489.505(12), Florida Statutes. COUNT ONE 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through fourteen (14) as though fully set forth herein. Document in Unnamed Page 4 of 8 20. Based upon the facts set forth above, Respondent violated Section 489.127(1) (f), Florida Statutes, in one or more of the following ways: (a) By engaging in the unlicensed practice of contracting as defined by Section 489.105(3), Florida Statutes; (b) By engaging in the unlicensed practice of contracting as defined by Section 489.105(6), Florida Statutes. 21. Based on the foregoing, Respondent violated Section 489.127(1) (f), Florida Statutes, by engaging in the business or acting in the capacity of a contractor, or advertising himself or a business organization as available to engage in the business or to act in the capacity of a contractor, without being duly registered or certified or having a certificate of authority. COUNT TWO 22. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through nine (9) and fifteen (15) through eighteen (18) as though fully set forth herein. 23. Based upon the facts set forth above, Respondent violated Section 489.531(1), Florida Statutes, in one or more of the following ways: (a) By submitting a bid to perform electrical services as defined by Section 489.505(9), Florida Statutes; Document in Unnamed Page 5 of 8 (b) ‘By engaging in the business or acting in the capacity of an_ electrical contractor as defined by Section 489.505(12), Florida Statutes; 24, Based upon the foregoing, Respondent violated Section 489.531(1), Florida Statutes, by engaging in the practice of electrical contracting, or advertising himself or a business organization as available to engage in the business or to act in the capacity of an electrical contractor, without being duly registered or certified or having a certificate of authority. Wherefore, Petitioner requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident for violations of Chapter 489, Part I, Florida Statutes; $5,000.00 per incident for violations of Chapter 489, Part II, Florida Statutes; assessment of costs related to the investigation and prosecution of the case (excluding costs associated with an attorney’s time); and/or any other relief the Department is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. Document in Unnamed Page 6 of 8 Signed this llth day of January, 2012. PC Found: 1/11/12 By: Gautier Kitchen GK/kel Document in Unnamed Page 7 of 8 By: ‘autier Kitchen Gautier Kitchen Assistant General Counsel Florida Bar No, 689793 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Document in Unnamed. Page 8 of 8

Docket for Case No: 12-001671