STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No. 2002-002053 KEVIN DIFULIO, Respondent. / ne ADMINISTRAT COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against KEVIN DIFULIO, ("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 3711 Shamrock Street West, Tallahassee, Florida 32308. 5. On or about January 15, 2002, Respondent, doing business as Kevin’s Custom Cabinetry, contracted with Gregory Estes (hereinafter “Estes”) to make repairs on the Estes home located at 2909 Carnaby Court, Tallahassee, Florida 32309. 6. The contract included, among other things, roofing work. 7. There were four contracts written for the work, and the total amounts of the contracts were $2,755.00, and Respondent was paid $2,250.00. 8. Respondent abandoned the work prior to completion of the project. 9. Estes obtained an estimate from a licensed contractor to complete the roofing work for the amount of $1,550.00. 10. Section 489.105(3), Florida Statutes, provides 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. 11. Section 489.105(3)(a), Florida Statutes, provides that a “General contractor” means a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and who may perform any work requiring licensure under this part, except as otherwise expressly provided in s. 489.113. 12. The contracting for and/or the performance of the work described in paragraph five (5) above constitutes engaging in the practice of contracting pursuant to Sections 489.105(3) and 489.105(3)(a), Florida Statutes. 13. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 14. _ Based on the foregoing, the Respondent has violated Section 489.127(f), Florida Statutes, which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified to 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 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, and 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 y, day of aS ) __, 2002. ED As _ A \ Rae Regulation By’ Michael Marti Departmen DEPUTY M | | Lead Attorney COUNSEL FOR DEPARTMENT: Angela C. Desmond ef) Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 ACD 2002-002053 PC 5--Oa

Docket for Case No: 02-002831