Aug 30 2006 19:10 68/38/2066 18:58 8589219186 DEPR PAGE 88/13 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-011632 CLIFFORD GRANDMONT, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against CLIFFORD GRANDMONT, ("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 heating 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. Aug 30 2006 19:10 ge/3e/ 2886 18:58 8589219186 DEPR PAGE 89/13 4. At no time material hereto, was the Respondent CLIFFORD GRANDMONT duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. Respondent’s last known address is 355 China Berry Circle, Davenport, Florida 33837. 6. On or about November 23, 2005, the Respondent contracted with Ella Arseneau (“Arseneaw”) to perform a re-roof at Arseneau’s residence located in Lake Worth, Florida. . 7. The original quoted price for the aforementioned project was $5,500.00. 8. The Respondent was paid $3500.00 by check mumber 1804 on November 4, 2005. 9. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[p]erson 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 subsequent paragraphs of this subsection.” 10. 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. li. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state,” 12. Section 489.1 05(6), Florida Statutes, provides that "The attempted sale of Aug 30 2006 19:11 ge/3e/ 2886 18:58 8589219186 DEPR PAGE 18/13 contracting services and the negotiation or bid for a contract on these services also constitutes contracting. 13. 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 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.” WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or mote of the following penalties: an administrative fine not to exceed $10,000.00 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 BA day of [Meeng— » AOE. FAL Oepartmen $ Prof | Regulation Busines and Pro essional £! Pp ant of Bust : Chief Attorney Unlicensed Enforcement curk Soy dn £, Woukom mn

Docket for Case No: 06-003278

Orders for Case No: 06-003278