_ STATE OF FLORIDA o7 5. é DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “? ., DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2000-08487 RODNEY KEARCE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against RODNEY KEARCE, ("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 10 m4 engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Staiutes.” 4. Respondent's last known address is 6994 Redgum Court, Tallahassee, Florida ; : wt 32312. , 5, On or around June 10, 2000, Respondent verbally contracted with Peter and . Gretchen Loffler to build an addition on the Loffler home located at 3392 Deer Lane Drive, £ 2 g 2 i elses eR 2 os ¥ ; Florida Statutes Tallahassee, Florida. 6. Respondent, as Kearce Construction and individually, was paid $22,500.00 for renovations. 7. 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 herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to rea] 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. g. Section 489.105(3)(c), Florida Statutes, defines a "Residential contractor" as a contractor whose services are limited to construction, remodeling, repair, ar improvement of one- family, two-family, or three-family residences not exceeding two habitable stories above no more than one uninhabitable story and accessory use structures in connection therewith. 9. The contracting for and/or the performance of the work described in Paragraph five above constitutes engaging in the practice of contracting pursuant to Section 489.105(3)(c), or registered shal! practice contracting in this state. 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 ofa 7 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 pacity Section 489.113(2), Florida Statutes, provides that no person who is not certified reer being duly registered or certified. 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 ts day of 7 bk 2004. Robert A. Crabill ;, Lead Construction Attorney COUNSEL FOR DEPARTMENT: . F [ . c " Patrick F. Creehan Dapartment of Business and Professional Regulation Assistant General Counsel DEPUTY CLERK Department of Business and Professional Regulation seme tardent Woichets Northwood Centre . 1940 North Monroe Street DATE q ~2 7-A00\| Suite 60 i Tallahassee, FL 32399-2202 PFC/dd Case # 2000-08487 “y, PP: O47 /a WwW san

Docket for Case No: 01-003763