FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI]| ote 42/5/2016 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2016-048211 CILB RICHARD LEE EDWARDS, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Richard Lee Edwards (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of construction contracting pursuant to sections 455.227, 455.228, and 489.13, Florida Statutes. 3. At all times material hereto, Respondent was a Registered Building Contractor, registration number RBC59455, limited in geographic scope to Madison County, Florida. 4. At all times material hereto, Respondent was not duly registered or certified to engage in the practice of construction contracting pursuant to chapter 489, Florida Statutes, within Gadsden County, Florida. 5. At no time material hereto was Richard Edwards Construction, Inc. an entity properly qualified under the provisions of chapter 489, Florida Statutes, within Gadsden County, Florida. 6. Respondent’s last known address is 234 SE Ammons Avenue, Madison, Florida 32340. 7. On or about October 2, 2013, Respondent, D/B/A Richard Edwards Construction Inc., offered, contracted, or performed regulated construction contracting services, including but not limited to, removal of a bathtub, and relocation and/or replacement of drain line and shower fixtures, at 235 Hogan Lane, Quincy, Florida 32351. 8. Respondent offered, contracted, or performed the regulated services at issue for compensation. 9. Respondent performed the services at issue without the required building permit(s) being in effect. COUNT ONE 10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eight as though fully set forth herein. 11. Section 489.13(1), Florida Statutes, provides “Any person performing an activity requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity, regardless of whether he or she holds a local construction contractor license or local certificate of competency. Persons working outside the geographical scope of their registration are guilty of unlicensed activity for purposes of this part.” 12. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes, as a construction contractor, outside of the geographical scope of his registration. COUNT TWO 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through seven, and nine as though fully set forth herein. 14. Section 489.127(1)(h), Florida Statutes, provides that no person shall “Commence or perform work for which a building permit is required pursuant to part IV of chapter 553 without such building permit being in effect.” 15. Section 455.227(1)(q), Florida Statutes, provides “violating...the applicable professional practice act...” shall constitute grounds for which disciplinary actions may be taken. 16. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida Statutes, by violating section 489.127(1)(h), Florida Statutes. WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Signed this 5 day of December, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ Andrew J. Pietrylo, Jr. Andrew J. Pietrylo, Jr. Assistant General Counsel Florida Bar No. 118851 Department of Business and Professional Regulation Office of the General Counsel 2601 Blair Stone Road Tallahassee, Florida 32399-2202 (850) 717-1249 Telephone (850) 921-9186 Facsimile Andrew. Pietrylo@myfloridalicense.com PC Found: December 1, 2016 By: DBPR NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 16-007623