- Pompano Beach, Florida 33062. WJ an) % 7, STATE OF FLORIDA 19 DEPARTMENT OF BUSINESS AND PROFESSIONAL naGiippron” DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, : Case No. 97-05231 ve Oo 90-195! = RICHARD E. FOWLER d/b/a RICHARD E. FOWLER, INC. , Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL “REGULATION, ("Petitioner"), files this Administrative Complaint against RICHARD E. FOWLER, ("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 '8(1), Florida Statutes. 3. _Respondent's last known address is 3212 NE 12th Street, 4. Commerce Commercial Joint Venture is an entity consisting rw) ; ; ; YU of Commerce commercial Construction, Inc. and J. Raymond and Associates, Inc. 5. In 1995, Commerce Commercial Joint venture signed a contract for the construction of a building for the Beverly Manor Nursing Home. 6. on October 10, 1995, Commerce Commercial Joint’ Venture subcontracted with Pasquale J. DilLeo, d/b/a CDL Earth Moving and paving Company, for stripping, clearing, dirt fill, compaction, paving, site water, storm, sanitary, and final grading at the Beverly Manor Nursing Home construction site. iN) 7. CDL Earth Moving and Paving, Inc. then subcontracted with Respondent to install a sanitary sewer line at the Beverly Manor Nursing Home construction site. 8. Section 489.105(3), Florida Statutes, provides in part that “Contractor” is defined as the person who is qualified for, “and shall only be responsible for, the project contacted for and means, except as éxempted in this part, the person who, for “compensation, undertakes to, submits a bid to, or does himself or ‘by others construct, repair, ‘alter, rémodel, add to, demolish, subtract from, ox improve any building or struéture: 9. Section 489.105(6), Florida Statutes, provides in part that “Contracting” is defined as engaging in business as a contractor and includes, but is not limited to, performance of any peepee ee vo WY i of the acts sect forth in 489.105 (3). The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. . y 10. -Respondent’s actions in entering into the contract with cob Earth Moving and Paving, Inc. to install a sanitary sewer line at the Reverly Manor Nursing Home construction site constitute contracting pursuant to Sections 489.105(3) and (6), Florida Statutes. 11. on November 7, 1996, a trench cave-in occurred at the Ps Beverly Manor Nursing Home construction site. Three of Respondent's employees were trapped in the trench. Two of the men were } ! | seriously injured and_one was pronounced dead on the scene. 12. At no time material hereto was Respondent registered, certified, or otherwise licensed to engage in contracting pursuant to Chapter 489, Florida Statutes. count x Bie Petitioner realleges: and incorporates the allegations set forth in. Paragraph 1-12 as ; though fully | stated herein. snaginiee ivi 14. Respondent violated Section 489. §127(1) (a), Florida a business Statutes (1995), by falsely hol ing organization out as a licensee, certicateholder, or registrant. 15. Section 455. 228, | Florida statutes, provides that the department may impose an administrative fine not to exceed $5,000 VW. | w) per incident for violations of Chapters “455 and 489, Florida Statutes. COUNT IT 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1-12 as though fully stated herein. 17. Respondent violated Section 489.127(1)(£), Florida Statutes (1995), 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 act in the capacity of a contractor without being duly registered or certified. . 18. Section 455. 228, | Florida Statutes, provides that the ‘department may impose an administrative fine not to exceed $5, 000 per incident for violations of Chapters 455 and 489, Florida Statutes. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing an a Eko" exceed $5,000.00 per count, or ¢ any ot ‘rtment deems appropriate. Signed | this [ i _ day of ° S tnd , 1997. F | L E D Richard T. Farrell , Secretar Department of Business and Professional Regulation y DEPUTY CLERK At CLER B he yy: G.W. Harrell K TNA. Lead Construction Attorney DATE ~ 23- 47 a pera re ewer V COUNSEL FOR DEPARTMENT: “GW. Harrell ~ Lead Construction Attornéy Department of Business & Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399 PLP : 5] 2047 veeepe wep cope wee eee cere peer gee Se RTE IE TOE Te RRR ne ote En

Docket for Case No: 00-001951