Jun 29 2006 17:34 86/29/2886 17:31 S584146749 DEPR OGA PAGE 82/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, va. Case Number: 2006-008189 2006-008190 JOSEPH HOLTON DBA NORTH FLORIDA CONSTRUCTION COMPANY, LLC, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against JOSEPH HOLTON DBA NORTH FLORIDA CONSTRUCTION COMPANY, 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. 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 28-106.111, Florida Administrative Code, provides in part that if a Respondent fails to request a hearing within twenty-one Jun 29 2006 17:34 B6/29/ 2886 17:31 8584146749 DEPR OGA PAGE 83/14 (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a hearing on the facts alleged, 4. At no time material hereto, was the Respondent JOSEPH HOLTON 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 NORTH FLORIDA CONSTRUCTION COMPANY, LLC duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent's last known address is 7858 Fox Tail Lane, Jacksonville, Florida 32219. 7. At all times material hereto, the Respondent JOSEPH HOLTON was a Manager/Member of Respondent NORTH FLORIDA CONSTRUCTION COMPANY, LLC. 8. On or about September 27, 2005, the Respondent submitted a proposal to Deidre Gibson (“Gibson”) to construct a room addition including plumbing and electrical work at Gibson’s residence located in Jacksonville, Florida. 9. The original quoted price for the aforementioned project was $16,400.00. 10. On or about July 20, 2005, the Respondent was issued a Notice and Order to Cease and Desist in DBPR Case Number 2005-036908, which ordered the Respondent to immediately cease the unlicensed practice of contracting in the State of Florida, 11. Subsection 489.105(3), Florida Statutes, provides that a “contractor” is a “[plerson 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 Jun 29 2006 17:34 B6/29/ 2886 17:31 8584146749 DEPR OGA PAGE @4/1a 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 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 Subsections 489.105(3), 489.505(2) and/or 489.505(12), 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. Subsections 489.105(6) and 489.505(9), Florida Statutes, provide 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 “[eJngage 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). Jun 29 2006 17:34 B6/29/ 2886 17:31 8584146749 DEPR OGA PAGE 45/18 18. Subsection 489.531(]), Florida Statutes, provides that a person may not practice contracting or advertise himself or a business organization as available to engage in electrical or alarm system contracting unless the person is certified or registered to do sO. 19. Based upon the foregoing, the Respondent has violated Subsection. 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. COUNT THREE 20. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 21. Based upon the foregoing, the Respondent has violated Subsection 455.227(1), Florida Statutes, by violating a lawful order of the department in regard to the Notice and Order to Cease and Desist issued in DBPR Case Number 2005-036908. 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 435 and 489, Florida Statutes, and the rules promulgated thereunder. Jun 29 2006 17:35 17:31 8584146749 DEPR OGA PAGE 46/18 Signed this SrA day of Aagnock » 00 Laura Patricia Gaffney, FB. LE Chief Attomey Unlicensed Enforcement/Accountancy COUNSEL FOR DEPARTMENT: Laura Patricia Gaffhey, FBN 437867 Chief Attorney Unlicensed Enforcement/Accountancy Department of Business and Professional Regulation F | L Office of the General Counsel Department of Business and Professional Regutation 1940 North Monroe Street AGENCY CLERK Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 om Suh LW = hh - "200 pcromd Keb 4/3(0% DATE, LPGIlc

Docket for Case No: 06-002324