Oct 31 2006 8:38 ; 18/31/2086 88:32 8564146749 DBPR CGA / PAGE 3/11 ) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ; _ Petitioner, (9 lo “ Cf] hs vs. ‘ Case No, 2006-008760 RANDY LOWERS DBA LOWERS CONSTRUCTION LLC, Respondent. . / . . ADMINISTRATIVE COMPLAINT. - Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against RANDY LOWERS DBA. LOWERS CONSTRUCTION LLC, ("Respondent"), ‘and sayst 1. Petitioner is the state agency ‘charged with regulating the practice of electrical contracting pursuant to Section 20,165, Florida Statutes, and Chapters 455 and ‘489, Part IL, Florida Statutes. 2, The Department of Business and Professional Regulation has junisdction over the unlicensed practice of electrical 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 (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a hearing on the facts alleged. , ., Oct 31 2006 8:38 18/31/2026 @8:32 98584146749 DBPR OGA ; . - ; . | ) ro, PAGE 64/11 4, At no time material hereto, was the Respondent RANDY LOWERS duly registered or cettified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes, 5. At no time material hereto was the Respondent LOWERS CONSTRUCTION LEC duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes, . 6. Respondent's last known address i is 105 Hedge Road, Pensacola, Florida 32503. . 2. At all-times material hereto, the Respondent RANDY LOWERS has been the Registered Agent and Managet/Member of Respondent LOWERS CONSTRUCTION LLC. . a _ 8. On or about September 4, 2005, the. Respondent submitted an estimate ‘to. Bob Blackmon (“Blaclanén”) to perform structural remodeling work, including electrical work, at Blackmon’s residence located in Pensacole, Florida: 9. The original quoted price for the aforementioned proj ect was $60,185.00, 10. The Respondent vas * paid $2200.00 by check number 96 on September 6, 2005; $1000.00 by check number 97 on September 7, 2005; $3123. 50 by check smmber 98 on September 7, 2005; $6000.00 by’ check number 1001 on September 8, 2005; $9000.00 by check number 1002 on September 21, 2005; $16,704.00 by check number 1003 on September 27, 2005 and $12,200.00 by check number 1005 on October 16, 2005. . - Oct 31 2006 8:39 18/31/2886 48:32 8504146749 DEPR OGA PAGE 95/11 + —y ) : . ‘ ’ 11. Subsection 489,505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for | compensation and includes performance of any act outlined in Subsections 489,505(2) sand (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. 12. Subsection 489.505(2), Florida Statutes, provides that an “Alarm system . contractor” means a “person whose business includes the execution of contracts requiring the ‘ability, experience, science, kmowledge. and skill to lay out, fabricate, install, roaintain, alter, repair, monitor, ‘inspect, replace, or service alarm systems for . compensation, including but not limited to, all types of alarm systems for all purposes." Oe 13. Subsection 489.505(12), Florida Statutes, provides . that an \Blectrical conttactor" or "unlimited electrical contractor" means a person who, conducts business in the electrical trade field and who has. the experience, knowledge and skill to install, repair, alter, add to, or design ..,electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes ; electrical energy in any form. a 14, The contracting for and/or the performance of the work described aboye constitutes engaging in the practice of contracting pursuant to Subsection 489, 505(12), Florida Statutes. 15, Subsection 489.531(1), 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 50. ; ; Oct 31 2006 8:39 10/31/2686 8:32 8584146749 DEPR OGA PAGE 86/11 ye ; Oo 16. Based’ upon the foregoing, “the Respondent has violated Section 489.531(1), Florida Statutes, by engaging in the nolicensed practice of electrical contracting, ) 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 related to the investigation and prosecution of the case . excluding costs associated with an attomey’s times refusal to certify, or to certify with restrictions, and application for licensure: restriction of practice; issuance of a reprimand; : comeotive 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 ates day of . ere Pere ‘Laura Patricia Gafiney, FBN. 437867 Chief Attorney , Unlicensed Enforcement COUNSEL FOR DEPARTMENT: . Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforeement/Accountancy Department of Business and F | |" Professional Regulation Department Business and professional sl ogi Office of the General Counsel AGENCY CLERK ' 1940 North Monroe Street . Tallahassee, FL 32399-0750. Telephone (850) 488-0062 Fax (850) 414.6749 cuERK Soy os f.W sri PC Found - LEG ¢f7 he DATE. L\ - 1-20 lo LPG#jle >

Docket for Case No: 06-004195