ChNOV22 P1217 STATE OF FLORIDA ~ DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Petitioner, O / | oe | B) yy O V. CASE NO.: CD2004-0034 B2000145 DIGNITARY PROTECTION AND INVESTIGATION, 2304931 CORPORATION, NEWTON JAMES, PRESIDENT Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Department of Agriculture and Consumer Services, Division of Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges: The name and last known address of the Respondent is: Dignitary Protection And Investigation Corporation Newton James, President 17994 South West 97" Avenue, Suite, #101 Miami, Florida 33157 Respondent holds license number B 2000145, effective August 14, 2003, license number A 2000263, effective August 12, 2003, license number R 2000035, effective August 12, 2003, license number D 9308745, effective April 25, 2003, license number G 9400039, effective, January 5, 2004, license number CC2300745, effective, January 8, 2003, license number ZA2000351, license number ZB2000216, and license ZR2000051, issued pursuant to Chapter 493, Florida Statutes. As set forth below, an investigation of Respondent by Petitioner has revealed facts that justify action provided for in Section 493.6118(2), Florida Statutes. Count I During the period January 2003 to December 2003 in Miami-Dade County, Florida, Respondent committed fraud, deceit, negligence or misconduct in the practice of regulated activities under Chapter 493, F.S., in that he subcontracted with unlicensed entities by listing employees as independent subcontractors to avoid withholding and workers’ compensation taxes. Respondent is in violation Section 493.6118(1)(f), Florida Statutes. Count II During the period November 9, 2003 to November 15, 2003, in Miami-Dade County, Florida, Respondent employed Livensome Boucher and Cornelius Tharp to provide unarmed security services without valid Class “D” Security Officer Licenses. Respondent is in violation of Section 493.6118(1)(n), Florida Statues. Count III During the period of August 2003 to December 2003 in Miami-Dade County, Florida, Respondent employed Gary Steven Wilcox, a/k/a Salvatore Pecchio, to perform armed security services without a valid Class “G” Statewide Firearm License. Respondent is in violation of Section 493.6118(1)(n), Florida Statues Count [V During the period of August 2003 to November 12, 2003, in Miami-Dade County, Florida, Respondent allowed an unlicensed manager, Gary Steven Wilcox a/k/a, Salvatore Pecchio, to direct the activities of employees performing regulated activities. Respondent is in violation of Section 493.6118(1)(n), Florida Statues. Count V On or about December 17, 2003, in Miami-Dade County, Florida Respondent failed or refused to cooperate with a representative of the Department engaged in an official investigation, in that he refused or failed to answer questions regarding an unlicensed employee who is or should have been known to Respondent as actively involved in the day to day operations of Respondent’s agency. Respondent is in violation of Section 493.6118(1)(0), Florida Statues. Wherefore, Petitioner intends to take disciplinary action against the above referenced licenses pursuant to Section 493.6118(2), Florida Statutes. Santen ARE RC RN RSS AAS YN Dated this 16" day of January 2004. dn ip Gene Bryan, Director Division of Licensing NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent may request a formal hearing or informal hearing, or may enter into a stipulation and settlement. In order to request a hearing, you must complete the enclosed Election of Rights form and file it to the Division of Licensing within 21 days of receipt of this complaint. If you request a formal hearing, you must also send a statement of the material facts alleged in this complaint that you dispute. To enter into a stipulation and settlement, sign and return the attached Stipulation and Settlement, which is an agreement to accept the suggested penalty without proceeding to a hearing. Failure to file the Election of Rights form with the Division of Licensing within 21 days of receipt of this administrative complaint shall be considered a waiver of your right to a hearing and shall result in the issuance of a final order without the benefit of a hearing. The final order will notify you of the right to appeal the final order pursuant to Section 120.68, Florida Statutes. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by certified mail on this 16" day of January 2004 to Dignitary Protection And Investigation Corporation, Newton James, President, 17994 South West 97 Avenue, Suite #101, Miami, Florida 33157. Stephen S. Mathues Assistant General Counsel Department of Agriculture and Consumer Services, Division of Licensing Post Office Box 6687 Tallahassee, Florida 32314-6687 (850) 488-3492 ACS8

Docket for Case No: 04-004260