Oct 31 2006 8:39 18/31/2886 68:32 6564146749 DBPR OGA PAGE @7/11 . j Ny j se STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, |: Petitions, “Ob. ul tly. ¥3, . mo _ Case No., 2006-008759 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 CONSTRICTION LLC, ("Respondent"), and: says: , 1. Petitioner is the. state agency charged with regulating the prastioe of : contacting pursuant to Section 20, 165, Florida Statutes, and Chapters 455 and 489, ) Blorjda Statutes. © 2. The Department of] Business and Profesidna Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, S, entitles the Respondent to elect a hearing | regarding the allegations contained herdin. Rule 28- 106.111, Florida Administrative Code, provides i io part that if 4 Respondent fails to request a hearing within twenty-one (21) days of receipt of an, agency Pleadin, , the Respondent shall have watved his right to request a hearing on the facts alleged. 4. _ Atno time material hereto, was the Respondent RANDY LOWERS duly ; Oct 31 2006 8:39 18/31/2086 8:32 8584146749 DEPR QGA ; PAGE 98/11 4 oy registered or certified to engage in the practice of ‘contracting pursuant to Chapter 489, Florida Statutes. | , 5. At 20 time ‘materjal hereto Was the, _ Respondent LOWERS, ' CONSTRUCTION LLC duly qualifies to engage in the pas of contracting Pursuant to Chapter 489, Florida Statutes. . 6. Respondent's last known address is 105 Hedge Road, Pensacola, Florida 32503, OO 7 7. ‘Atal times material heteto, the Respondent RANDY LOWERS has been . ‘the Registered Apent and Manaper/Member of Respondent LOWERS CONSTRUCTION LLC. . ) 8. Onorabout September 4, 2005, the Respondent submitted an estimate to" Bob Blackmon. ("Blackmon 2 to perform structural remodeling work at Blackmnon’s : residence Tocated £ in ‘Pensapele Florida! , % ° The original quoted price for the aforementioned project was $60,185.00. 10, The Respondent was 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 nuraber 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 $121200,00 by check mmmber 1005 on October 16, +2005. . . ) 11. Section 489.105(3), Floyida, Statutes, provides that a “contractor” is a “[p]erson .who, for compensation, ‘undertakes to, submaits a bid to, or does himself or herself or by others constract,-repair, alter, remodel, add to, demolish, subtract fon, or. Oct 31 2006 8:40 18/31/2066 68:32 8584146749 DEPR OGA PAGE 49/11 improve. any building or structure, linclading related improvements to real esfate, for others or for resale to others; and whose job scope is substantially: simile fo 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 engagin gi in the praatice or contracting pursnant to Section 439. 105(3), Florida Staiutes. : ; “13. Section 489.113(2), Florida Statutes, provides that “[nJo person who isnot certified or registered shall practice contracting in this state,” 14. Section’ 489,105(6), Fldrida Statutes, provides thet "The attempted sale of contracting services and the negotiation ot bid for @ contract on these ‘Services also constitutes contracting. ; 15. Based upon the foregoihe, the Respondent has violated Seotion 489, 127) ‘ ) ), Florida Statutes, which provides that no person shall “[e}ngage in the business o7 ant in the capacity of a contractor ‘Or advertise himself or herself or a business organization. without being daly registered or certified of having a “certificate of -» 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 time; refusal to certify, or to certify with restrictions, and application for licensure; restriction of practice; issuance.of — * areprimand; ¢omectivé action and/or any other telief the Department of Business and ; Oct 31 2006 8:40 10/31/2006 88:32 8584146749 DBPR OGA PAGE 18/11 Professional Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder, Signed this 5H day off ara Patricia Gatihey, FBN 43 4 7867 Chief Attorney . Unlicensed Enforcement " COUNSEL FOR DEPARTMENT: a FUL ' Lana Patricia Gafiney, FBN 437867 |, Department of Business ond Prnfessionel Regulation Chief Attorney Unlicensed Enforcement AGENCY CLERK ; Department of Business and : Professional Regulation . : Office of the General Counsel ' 1940 North Monroe Street) "CLERK" ou wa Ed Ad ahs oom Tallahassee, FL 32399-0750 . . “lan 2Db0ls Telephone (850) 488-0062 DATE _ Fax (850) 414-6749 . mo pC Found 474 Ws7ou LPGAle -

Docket for Case No: 06-004196