STATE OF FLORIDA mo DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2001-08310 DEWEY A. WHITAKER, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against DEWEY A. WHITAKER, ("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 7980 Tram Road, Tallahassee, Florida 32311. 5. On or about September 5, 2001, Subject, doing business as B&N Enterprises, contracted with Mary R. Sullivan (hereinafter “Sullivan”) for skylight and roofing repairs. 6. The contract price was $487.47, and although Subject completed the project, Sullivan refused to render payment. 7. Sullivan alleges that leaking still occurred at the repair site, and Subject would not correct the repair. 8. 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, . 9. Section 489.105(3)(e), Florida Statutes, provides that a “Roofing contractor” means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. 10. 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 Section 489.105(3)(e), Florida Statutes. 11. Section 489.113(2), Florida Statutes, provides that no person who is not certified or registered shall practice contracting in this state. 2 12, 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 attorey’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 oS, day of ag , 2002. Lead Attorney COUNSEL FOR DEPARTMENT: Angela C. Desmond pcy 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/jd 2001-08310 fo 5-1-0

Docket for Case No: 02-002835