Jan 20 2006 17:11 @l/2e/28686 17:84 8584146749 : DEPR OGA PAGE @4/a7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v3. Case No. 2005-000951 TOMMIE EUGENE MILSTID AKA T.E. MILSTID DBA RIVER VALLEY DEVELOPERS, LLC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner” or "DBPR"), files this Administrative Complaint against TOMMIE EUGENE MILSTID AKA T.E. MILSTID DBA RIVER VALLEY DEVELOPERS, LLC, ("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. a The Department of Business and Professional Regulation bas jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106,111, Florida Administrative Code, provides in part that ifa Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a hearing on the facts alleged. Jan 20 2006 17:11 @l/2e/28686 17:84 8584146749 DEPR OGA PAGE i? 85/8? 4, At no time material bereto, was the Respondent TOMMIE EUGENE MILSTID AKA TE. MILSTID duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto, was the Respondent RIVER VALLEY DEVELOPERS, LLC, duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 8850 Gibson Road, Molino, Florida 32577. ) 7. At all material times bereto, the Respondent TOMMIE EUGENE MILSTID AKA T.E. MILSTID has been the Manager of Respondent RIVER VALLEY DEVELOPERS, LLC. 8. On or about August 5, 2004, the Respondent contracted with Bryant Risenberg to construct a 30° X 50° metal building im Pensacola, Florida. 9. The original quoted price for the aforementioned project was $34,930.00. 10, The Respondent BOOKER COLLINS was found guilty of unlicensed contracting and ordered to pay $1500.00 in administrative fines and $713.52 in costs in DBPR case number 2001-07592. The Final Order in BPR case number 2001-07592 was filed July 16, 2004 and the Respondent has failed to timely pay the amounts imposed therein. 11. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[pJerson 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 Jan 20 2006 17:11 61/20/2086 17:84 8584146749 : DEPR OGA PAGE 86/87 others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection.” 12. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Section 489. 105(3), Florida Statutes. 13. Section 489.113(2), Florida Statutes, provides that “[n]o person who is not certified or registered shall practice contracting in this state.” 14. Section 489.105(6), Florida Statutes, provides that "The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. COUNT ONE 15. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 16. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), Florida Statutes, which provides that no person shall “[e]ngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization...without being duly registered or certified or having a certificate of authority.” COUNT TWO 17. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). Jan 20 2006 17:12 @l/2e/28686 17:84 858414 ze : 6749 DEPR OGA ; PAGE ar/ay 18, Based upon the foregoing, the Respondent has violated Subsection 455.227(1)(q), Florida Statutes, by violating a lawful order of the department issued in DBPR case number 2001-07592. 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 _ lott. day of Meg — , 2005. BAZ Laura Patficia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement/Accountancy COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement/ Accountancy | Department of Business and : Professional Regulation nepartment ot Busnes and Pretest RAgHS® Office of the General Counsel DEPUTY CLERK 1940 North Monroe Street Tallahassee, FL 32399-0750 /V, Suc hols Telephone (850) 488-0062 cusnu nama Fax (850) 414-6749 DATE | rerouma. ht S/6fOS

Docket for Case No: 06-000287