Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD
Respondent: RICKY B. CALVERT
Judges: D. R. ALEXANDER
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Apr. 14, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 20, 2000.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA /
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,“ be ve)
BEES Xe,
DEPARTMENT OF BUSINESS AND OA oF,
toys ty O, C.
PROFESSIONAL REGULATION, LO | Gee e O-
a
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Petitioner, OD
vs. DBPR Case No. 98-20206
RICKY B. CALVERT,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
files this Administrative Complaint against Respondent, RICKY B. CALVERT, and
says:
1. Petitioner is the state agency charged with regulating the practice of
contracting pursuant to Section 20.1 65, 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 Chapter 489,
Florida Sta tutes.
3. At all times material hereto, Respondent was duly registered or
certified to engage in the practice of contracting pursuant to Chapter 489, Florida
Statutes.
4. “Respondent's s ‘last known address i is Route 3, “Box 631, Havana,
Florida 32333-9803. .
ile
2 ek
When not t prohibited by law, and use materials and items used in the installation,
“maintenance, extension, and alteration of all kinds of roofing, waterproofing, and
“engaging in the practice of contracting pursuant to Section 489.105(3)(e), Florida
5. On or about nt August 29, 1998, Dave Stanton asked Respondent to
remove and replace the existing roof on his home.
6. Stanton agreed to pay Respondent and his brother-in-law in cash.
7. Fred Varn, Chief Building Inspector of Leon County, and Investigator
Les Smith issued a Stop Work Order on the job site.
8. 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 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 subsections of Section
‘489.105(3).
9. Section 489. 108(3)(e), Florida Statutes, defines a roofing contractor
as a contractor whose services are 5 unlimited | in the roofing trade and who has the
experience, ‘knowledge, ‘and skill to install, maintain, repair, alter, extend, or design,
coating, except when coating is not represented to protect, repair, waterproof,
stop leaks, or extend the life of the roof.
10. Contracting for the work described in Paragraph 5 constitutes
Statutes.
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11. Based on the foregoing, Respondent has violated Section
489.127(1)(f), Florida Statutes, which provides that no person shall engage in the
business or act in the capacity of a contractor without being duly registered or
certified or advertise himself or a business organization as available to engage in
the business or act in the capacity of a contractor without being duly registered ot
_ certified.
WHEREFORE, Petitioner respectfully requests the entry of an Order imposing
an administrative fine not ‘to exceed $5, 000.00, ‘pursuant to Section 455. 228(1),
Florida Statutes, assessment of costs related to investigation and prosecution of
the case excluding costs associated with an ' attorney’ s time, Pursuant to Section
455. 5 227(3), Florida Statutes, and grant other relief deemed appropriate pursuant to
Section 455.227(2), Florida Statutes, or any other part or parts of Chapters 455
and 489, Florida Statutes.
Signed this | day of pe , 1999.
YNTHIA A. HENDERSON
‘Secretary
Deputy Secretary
Department of Business and Professional Regulation ae
a .., DEPUTYCLERK BY: ~~ Candice J. Crawford
~ —
COUNSEL FOR DEPARTMENT:
John Chaves
Senior Attorney
Department of Business and
Professional Regulation
Northwood Centre
1940 North Monroe Street
Tallahassee, Florida 32399-0792
Kad )
JC/adr //-(2-78
Case #98-20206
Docket for Case No: 00-001601
Issue Date |
Proceedings |
Dec. 20, 2000 |
Order Closing File issued. CASE CLOSED.
|
Dec. 19, 2000 |
Motion to Relinquish Jurisdiction without Prejudice (filed by Petitioner via facsimile).
|
Oct. 12, 2000 |
Order Continuing Case in Abeyance issued (parties to advise status by January 5, 2001).
|
Oct. 02, 2000 |
Status Report (filed via facsimile).
|
Jul. 19, 2000 |
Order Continuing Case in Abeyance sent out. (parties to advise status by 09/29/00)
|
Jul. 13, 2000 |
Status Report (filed by Petitioner via facsimile)
|
Jun. 23, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by 7/14/00)
|
Jun. 21, 2000 |
Motion to Continue and Hold Case in Abeyance (filed by Petitioner via facsimile) filed.
|
Jun. 07, 2000 |
Notice of Appearance (E. A. Miller) filed.
|
Jun. 01, 2000 |
Notice of Appearance and Request for Copy of Formal Charge filed. |
Jun. 01, 2000 |
Defendant`s Notice of Intent to Participate in Discovery filed. |
Jun. 01, 2000 |
Petitioner`s Response to Respondent`s Notice of Intent to Participate in Discovery filed. |
May 26, 2000 |
Notice of Hearing sent out. (hearing set for June 29, 2000; 9:00 a.m.; Tallahassee, FL)
|
May 24, 2000 |
Notice of Service of Petitioner`s First Set of Interrogatories filed. |
Apr. 28, 2000 |
Joint Response to Initial Order (filed via facsimile).
|
Apr. 20, 2000 |
Initial Order issued. |
Apr. 14, 2000 |
Election of Rights filed.
|
Apr. 14, 2000 |
Administrative Complaint filed.
|
Apr. 14, 2000 |
Agency Referral Letter filed.
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