Apr 25 2006 12:30 @4/ 25/2086 86:27 8584146749 DEPR OGA PAGE @2/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-031411 STEPHEN VAUGHAN DBA AMERICAN CONSTRUCTION CENTRAL FLORIDA INC., : Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against STEPHEN VAUGHAN DBA AMERICAN CONSTRUCTION CENTRAL FLORIDA INC., ("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. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.11 1, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one ' (21) days of receipt of an agency pleading, the Respondent shall have waived his tight to request a hearing on the facts alleged. Apr 25 2006 12:30 @4/ 25/2086 86:27 8584146749 DEPR OGA PAGE 83/88 4. At no time material hereto, was the Respondent STEPHEN VAUGHAN 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 AMERICAN CONSTRUCTION CENTRAL FLORIDA INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 250 Security Square, Winter Haven, Florida 33880. 7. At all relevant times hereto, the Respondent STEPHEN VAUGHAN has been the Registered Agent and an Officer/Director of Respondent AMERICAN CONSTRUCTION CENTRAL FLORIDA INC. 8. On or about December 23, 2004, the Respondent contracted with Gerald and Deborah Byrd (“Byrd”) to perform structural, roofing, plumbing repair work and the removal and replacement of an air conditioning unit at Byrd's residence in Winter Haven, Florida due to hurricane damage. 9. The original quoted contract price was $80,531.00. 10. For the aforementioned project, the Respondent was paid $53,360.39 by check number “11794768 on January 17, 2005 and $31,239.61 by check number 11779748 on December 8, 2004. ‘i. 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 Apr 25 2006 12:30 @4/ 25/2086 86:27 8584146749 DEPR OGA PAGE @4/ae 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) (), Florida Statutes, which provides that no person shall “leIngage 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,” in regard to the roofing work. COUNT TWO 17. Petitioner cealleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 18. Based upon the foregoing, the Respondent has violated Section 489.127(1) (, Florida Statutes, which provides that no person shall “[e]ngage in the business or act Apr 25 2006 12:30 @4/ 25/2086 86:27 8584146749 DEPR OGA PAGE @5/@8 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,” in regard to the air conditioning work. COUNT THREE 19. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 20. 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 ot certified or having a certificate of authority,” in regard to the plumbing work. | ~ COUNT FOUR 21. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 22. 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 cettified ot having a certificate of authority,” in regard to the structural work. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident; assessment of costs telated to the investigation and prosecution of the case excluding costs associated with an attorney's time; refusal to certify, or to Apr 25 2006 12:30 @4/ 25/2086 86:27 8584146749 DEPR OGA PAGE 86/88 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 3h day of. wv d dae toten, Aor Laura Patricia Gaffuey, FBN 437867 Chief Attomey Unlicensed Enforcement/Accountancy COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 F | L E p Chief Attomey Unlicensed Enforcement/Accountancy pesartment of Business and Professional Regulation Department of Business and AGENCY CLERK Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 CuRK Souls Le Worden Telephone (850) 483-0062 DATE: W\- Y- 2009 a fli Fax (850) 414-6749 pCFound AG tf 3fes LPGAle

Docket for Case No: 06-001505PL