rad OR pss STATE OF FLORIDA ae E Y DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ! . Petitioner, VS. so Case No. 99-09804 Ol-Ins Pl LAWRENCE HARTWELL RACIES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against LAWRENCE HARTWELL RACIES, ("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 1008 Camphor Lane, Deland, Florida 32720. 5. On or about September 29, 1999, Respondent entered into a verbal agreement with Lisa Louise Evans (hereinafter "Evans") whereby Respondent agreed to renovate Evans' home located at 1100 Steven Avenue, Deland, Florida. . 6. Respondent later provided Evans with a document detailing the scope of the project. 7. Evans paid Respondent a deposit of $500.00, and she later paid another $4,000.00 upon Respondent's request for additional funding, | 8. All the payments for the project were made via checks made payable to Respondent. 9. Respondent accepted payment, but he never commenced work on the project. 10. Section 489.105(3), Florida Statutes (1999) provides, inter alia, that a “contractor” = person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, ‘add to, 2, 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 on of the subsections of Section 489.105(3), Florida Statutes. | 11. Section 489. 105)(0), Florida Statutes (1999), defines a "residential contractor" as a person whose services are limited to construction, remodeling, re repair, or improvement of one- family, two-family, or three family residences not exceeding two habitable stories above no more e than one uninhabitable story and accessory use structures in connection therewith. 12. 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)(c), Florida Statutes (1999). | 13. Section 489.113(2), Florida Statutes, (1999), provides that no person who is not certified or registered shall practice contracting in this state. 14. — Based on the foregoing, Respondent has violated Section 489.127(1)(), Florida Statutes (1999), 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 ¢ or certified. WHEREFORE, Petitioner respectfully requests the entry of an Order i 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 attomey’s | s time; refusal to centfy, or to certify with restrictions, an 1 application for licensure; __ Testriction of practice; issuance of a reprimand; corrective action and/or any. “other relief the Department of Business and Professional Regulation i is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules pro ulgated thereunder. Signed this / Ye day of Newt , 2000. COUNSELS FOR DEPARTMEN Erica D. Glover {— i iy 0? Senior Attorney Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 323 99-2202 EDG/edm Case #99-09804 fp Lathes E. O'Dowd Lead Construction Attorney FILED Department of Business and Professional Regulation DEPUTY CLERK sere yardt Michel DATE o- -\ G- A000

Docket for Case No: 01-001715PL