Mar 14 200? 8:02 @a/14/20e87 86:57 8584146749 DEPR OGA PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ; Petitioner, vs. Case No. 2005-053 132 LORENZO TONEY, Respondent, / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against LORENZO TONEY, ("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 hae 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 ifa 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. EXHIBIT * Mar 14 200? 8:02 @a/14/20e87 86:57 8584146749 DEPR OGA PAGE @4/ae 4, At no time material hereto, was the Respondent LORENZO TONEY duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. | 5. Respondent’s last known address is 1124 Manatee Drive, Rockledge, Florida 32955. 6, On or about March 18, 2005 the Respondent contracted with Evelyn Hughes ("Hughes") to perform roofing work at Hughes residence in Cocoa, Florida. 7. The quoted price for the aforementioned project was $5000.00. 8. The Respondent was paid $2500.00 by check number 3602 on March 18, 2005; $200.00 by check number 3616 on March 21, 2005; $650.00 by check number 3621 on March 24, 2005; $3000.00 by check mamber 3624 on March 25, 2005; $3000.00 by check number 3630 on March 29, 2005; $500.00 by check number 3643 on April 12, 2005; $175.00 by check number 3680 on May 6, 2005; $200.00 by check number 3692 on May 14, 2005; and $75.00 by check number 3720 on May 27, 2005. 9. Section 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 fiom, 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. Mar 14 200? 8:02 @a/14/20e87 86:57 8584146749 DEPR OGA PAGE @5/@8 11. Section 489.1 1302), Florida Statutes, provides that “[n]o person who is not certified or registered shall practice contracting in this state.” 12. Section 489, 105(6), Florida Statutes, provides that "The attempted sale of 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) (f), 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 ot 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 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. Mar 14 200? 8:02 DEPR OGA PAGE 86/88 @a/14/20e87 86:57 8584146749 Signed this 27d. dayof & LIL BE Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement . FILED . Departmant of Business and Professional Regulation: AGENCY CLERK . COUNSEL FOR DEPARTMENT: Jennifer Condon, FRN 0011116 ; Assistant General Counsel cuerk S; aged, 2. Werden ay Unlicensed Enforcement sare_I]-27- 200 Department of Business and , Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 PCFound £/6 #/2>/ob LPG/

Docket for Case No: 07-001171