Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: LAWRENCE HARTWELL RACIES
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Deland, Florida
Filed: Feb. 02, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 26, 2002.
Latest Update: Jan. 08, 2025
my
STATE OF FLORIDA “ELEP
DEP/ [MENT OF BUSINESS AND PROFESSIONAL REGULAM@My P °
pitas
A ISION ar
DEPARTMENT * BUSINESS AND CRIS Tach
PROFESSIONA EGULATION, vag (te
Petition
vs. Case No. 99-09804
LAWRENCE H. TWELL RACIES,
Respor__ nt.
/
ADMINISTRATIVE COMPLAINT
Petitioner, } PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), fi
("Respondent"),
| 1. I
pursuant to Sec
2.
unlicensed prac
3.
in the practice «
4,
5.
Lisa Louise E
located at 110(
6.
this Administrative Complaint against LAWRENCE HARTWELL RACIES,
d says:
tioner is the state agency charged with regulating the practice of contracting
120.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes.
Department of Business and Professional Regulation has jurisdiction over the
_of contracting pursuant to Section 455.228, Florida Statutes,
10 time material hereto, was the Respondent duly registered or certified to engage
ontracting pursuant to Part I, Chapter 489, Florida Statutes.
spondent's last known address is 1008 Camphor Lane, Deland, Florida 32720.
or about September 29, 1999, Respondent entered into a verbal agreement with
s (hereinafter "Evans") whereby Respondent agreed to renovate Evans' home
even Avenue, Deland, Florida. aa
spondent later provided Evans with a document detailing the scope of the project.
ae
orp
COOP RRIR oener
RRR ETT REE ope Te Ser
Se or yer ope oroee
es
7. Ey
upon Respondent
8 Al
9 Re
10. Se
is a person who, {
others construct,
structure, includi:
job scope is sub:
489.105(3), Flor
M.S
a person whose
family, two-famil
one uninhabitabl:
12, T
above constitute:
Statutes (1999).
13. S
certified or regis
14. ~#&£
Statutes (1999),
a contractor witl
; paid Respondent a deposit of $500.00, and she later paid another $4,000.00
equest for additional funding. |
e payments for the project were made via checks made payable to Respondent.
ondent accepted payment, but he never commenced work on the project.
pn 489,105(3), Florida Statutes (1999) provides, inter alia, that a “contractor”
compensation, undertakes to, submits a bid to, or does himself or herself or by
air, alter, remodel, add to, demolish, subtract from, or improve any building or
‘elated improvements to real estate, for others or for resale to others and whose
itially similar to the job scope described in on of the subsections of Section
Statutes.
on 489.105(3)(c), Florida Statutes (1999), defines a ‘residential contractor” as
jices are limited to construction, remodeling, repair, or improvement of one-
r three-family residences not exceeding two habitable stories above no more than
ory and accessory use structures in connection therewith.
contracting for and/or the performance of the work described in Paragraph 5
gaging in the practice of contracting pursuant to Section 489. 105(3\(c), Florida
ion 489.113(2), Florida Statutes, (1999), provides that no person who is not
sd shall practice contracting in this state.
sd on the foregoing, Respondent has violated Section 489.127(1)(, Florida
ich provides that no person shall engage in the business or act in the capacity of
t being duly registered or certified or advertise himself or a business organization
aa
3
oe yr pe eee
et OR A
te aaa
orem a
cee ep ee
top ores mp
FRET OR oe ener
sists le
ent Sete Sar
as available to en 3e in the business or act in the capacity of a contractor without being duly
registered or certi {.
WHEREF _E, Petitioner respectfully requests the entry of an Order imposing one or more
of the following ¢ _ilties: an administrative fine not to exceed $5,000.00 per incident; assessment
of costs related tc 2 investigation and prosecution of the case excluding costs associated with an
attorney’s time; 1 sal to certify, or to certify with restrictions, an application for licensure;
restriction of pra 2e; issuance of a reprimand; corrective action and/or any other relief the
Department of Bu 2s and Professional Regulation is authorized to impose pursuant to Chapter 455
and 489, Florida _ tutes, and the rules promulgated thereunder. :
Signed this__/ Ye day of New. jR , 2000. :
fpr Latin E. O’Dowd _ ;
Lead Construction Attorney ot
COUNSELS FOE aia E [ E D '
Erica D. Glover v /4 0? Department of Business and Professional Regulation ;
Senior Attorney DEPUTY CLERK b
Petsson : on ™ oer Panda Michels i
150 Nort Mom Street DATE (o - \9 ~ 2OCO .
uite ,
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Tallahassee, FL: 99-2202 Se
EDG/edm
Case #99-09804
Docket for Case No: 02-000124PL
Issue Date |
Proceedings |
Jun. 26, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jun. 25, 2002 |
Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
|
Jun. 20, 2002 |
Order issued. (motion to Continue is denied)
|
Jun. 18, 2002 |
Petitioner`s Motion for Continuance (filed via facsimile).
|
Jun. 12, 2002 |
Letter to L. Racies from T. Gay regarding judges` May 22 order (filed via facsimile).
|
Jun. 06, 2002 |
Order of Pre-hearing Instructions issued.
|
Jun. 06, 2002 |
Notice of Hearing issued (hearing set for July 26, 2002; 10:00 a.m.; Deland, FL).
|
Jun. 03, 2002 |
Petitioner`s Response to May 22, 2002 Order Granting Continuance (filed via facsimile).
|
May 22, 2002 |
Order Granting Continuance issued (parties to advise status by May 31, 2002).
|
May 21, 2002 |
Petitioner`s Motion for Continuance (filed via facsimile).
|
Apr. 25, 2002 |
Order of Pre-hearing Instructions issued.
|
Apr. 25, 2002 |
Notice of Hearing issued (hearing set for May 23, 2002; 10:00 a.m.; Deland, FL).
|
Apr. 19, 2002 |
Petitioner`s Supplement to Petitioner`s Conferred Response to Order Granting Continuance (filed via facsimile).
|
Apr. 15, 2002 |
Petitioner`s Conferred Response to Order Granting Continuance (filed via facsimile).
|
Mar. 15, 2002 |
Order Granting Continuance issued (parties to advise status by April 15, 2002).
|
Mar. 15, 2002 |
Petitioner`s Motion for Continuance (filed via facsimile).
|
Feb. 11, 2002 |
Letter to L. Racies from T. Gay regarding exhibits (filed via facsimile).
|
Feb. 07, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for March 25, 2002; 10:00 a.m.; Deland, FL).
|
Jan. 30, 2002 |
Respondent`s Response to January 14, 2002 Order filed.
|
Jan. 29, 2002 |
Notice of Hearing issued (hearing set for March 1, 2002; 9:00 a.m.; Orlando, FL).
|
Jan. 29, 2002 |
Order of Pre-hearing Instructions issued.
|
Jan. 28, 2002 |
Petitioner`s Supplemental Response to January 14, 2002 Order (filed via facsimile).
|
Jan. 22, 2002 |
Petitioner`s Response to January 14, 2002 Order (filed via facsimile).
|
Jan. 14, 2002 |
Order Granting Motion to Reopen Former Division of Administrative Hearings Case No. 01-1715PL issued.
|
Jan. 02, 2002 |
Motion to Reopen Case or Open New Case filed.
|
May 04, 2001 |
Administrative Complaint filed.
|
May 04, 2001 |
Election of Rights filed.
|
May 04, 2001 |
Agency referral filed.
|