STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs, Case No. 2005-05793) ROLAND F, PATTERSON d/b/a George E, Patterson & Associates, Inc., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against ROL PATTERSON d/b/a GEORGE E. PATTERSON & ASSOCIATES, INC., ("Respondent"), and says: L Petitioner is the state agency charged with regulating the practice " contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489! Florida Statutes, 2. The Department of Business and Professional Regulation has jurisdifti over the unlicensed practice of contracting pursuant to Section 455.228, Florida St 3. Chapter 120, Florida Statutes, entitles Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.11, Florida Administrative provides in part that if a Respondent fails to request a hearing within 21 days of rec an agency pleading, the Respondent shall have waived his right to request a hearin the facts alleged. 4Q/Pa SSK dad 98TbTcbese BS:1TT Bae /ee/ca BO:TT 400¢ se qa4 4, At all times material hereto, Respondent was not duly registered om | certified to engage in the practice of construction contracting pursuant to Part I of | Chapter 489, Florida Statutes. 5. Respondent’s last known address of record is 1530 N. Davis Street | Jacksonville, Florida 32209, 6. On or about March 31, 2005, Respondent entered into a contract vd Jennie V. Headen ("Headen") to construct a room addition to Headen’s residence lb at 1424 Belleshore Circle South, Jacksonville, Florida 32218. 7. The contracted price for the construction was $22,000.00, of which | amount Respondent accepted $12,000.00, 8. ‘On or about May 6, 2005, the City of Jacksonville Building Departaph issued Permit No. B0525348, by and through Clyde James Blunk’s license, for the contracted construction between Respondent and Headen. 9. Construction commenced on or about April 6, 2005, and continued i i on or about September 9, 2005, at which time a stop work order was issued for the | project. 10. Section 489.105(3), Florida Statutes, provides that a "contractor" is i "[p]erson who, for compensation, undertakes to, submits a bid to, or does himself oj herself or by others construct, repair, alter, remodel, add to, demolish, subtract from] improve any building or structure, including related improvements to real estate, fon | others or for resale to others; and whose job scope is substantially similar to the jobis described in one of the subsequent paragraphs of this subsection,” 4@/SA Sod dad 98TbTcbese BS:1TT Bae /ee/ca BO:TT 400¢ se qa4 | il. Section 489.105(3)(a), Florida Statutes, defines the term " general | | Contractor" to mean "...a contractor whose services are unlimited as to the type o: : which he or she may do, who may contract for any activity requiring licensure mae T of Chapter 489, Florida Statutes, and who may perform any work requiring lice under part I of Chapter 489, Florida Statutes, except as otherwise expressly Provigs din Section 489.113." 12, The contracting for and/or the performance of the construction work described above constitutes engaging in the practice of a general contractor within | Meaning of Section 489.105(3)(a), Florida Statutes. 13. Section 489.113(2), Florida Statutes, provides that "[nJo person wieh is not certified or registered shall practice contracting in this state." 14. Section 489.105(6), Florida Statutes, provides that "Contracting" =e except as exempted in this part, engaging in business ag a contractor and includes, | not limited to, performance of any of the acts set forth in Section 489.105(3), Florigip Statutes which define types of contractors. The attempted sale of contracting servig and the negotiation or bid for a contract on these services also constitutes contracting, 15, Based upon the foregoing, the Respondent has violated Section _|| 489.127(1\(£), Florida Statutes, which provides that no person shall "fejngage in the} business or act in the capacity of a contractor or advertise himself or herself or a buphness organization as available to engage in the business or act in the capacity of a contrag lor without being duly registered or certified or having a certificate of authority." 48/98 Sod dad 98TbTcbese BS:1TT Bae /ee/ca BO:TT 400¢ se qa4 WHEREFORE, Petitioner respectiully requests the entry of an Order | oné or more of the following penalties: an administrative fine not to exceed $10) per incident; assessment of costs related to the investigation and prosecution i excluding costs associated with an attorney’s time: refusal to certify, or to cert Testrictions, and application for licensure: restriction of practice; issuance of a repr corrective action and/or any other relief the Department of Business and Pro Regulation is authorized to impose pursuant to Chapter 455 and 489, Florida $i and the rules promulgated thereunder, Signed this yan day of Seohumleur , 2006, 1 Assistant General Counsel 2005-057935 FILE . mee ness ° Department of Business and Professional Regulation LLC/t AGENCY CLERK PC Found: 4\lalov | CLE! vada, nt Sah Wr ooL” 4/48 Fold dad 98TbTcbese eg: BO:TT 400¢ se qa4 = TT 488d f66 feu

Docket for Case No: 07-000969