STATE OF FLORIDA SHED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 01 JAN 18 PM 2:53 CVA iH i a DEPARTMENT OF BUSINESS AND AGHHMIST RBe VE PROFESSIONAL REGULATION, HEARINGS Petitioner, ‘ 0) l 2 oH PL vs. Case No. 99-07409 JOHNNY ALEXANDER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION; ("Petitioner"), files this Administrative Complaint against JOHNNY ALEXANDER, ("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. At no time material hereto, was the Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. 4. Respondent's last known address is 7493 NE Highway 41, Williston, Florida 32696. . 5. Investigation revealed that Respondent entered into a written agreement with Aurora Thompkins-Monroe whereby Respondent agreed to renovate the White Rose Nursery, a child care center, located at 21270 NE 40" Street, Williston, Florida 32696. The project included plumbing, electrical, and roofing work. 6. Ms. Thompkins-Monroe has paid Respondent $88,486.38 for work performed pursuant to the aforementioned agreement. 7. Respondent accepted payment, but he has failed to complete the project. 8. Section 489.105(3), Florida Statutes (Supp. 1998) provides, inter alia, that a “contractor” is a person 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 subsections of Section 489.105(3), Florida Statutes. 9. Section 489.105(3)(b), Florida Statutes (Supp. 1998), defines a "building contractor" as a person whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the building. 10. The contracting for and/or the performance of the work described in Paragraph 5 above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(b), Florida Statutes (Supp. 1998). 11. Section 489.113(2), Florida Statutes, (Supp. 1998), provides that no person who is not certified or registered shall practice contracting in this state. 12. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes (Supp. 1998), which provides that no person shall engage 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 WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 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 | iL COUNSEL FOR DEPARTMENT: Ellen C. Marino pe fee Senior Attorney im Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-2202 ECM/edm Case #99-07409

Docket for Case No: 01-000264PL