@a/ld/2ae7 a7: 5g 8589219186 Mar 14 200? 3:10 DEPR PAGE 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. , Case No. 2006-039313 _ JOSEPH TING AND JOE’S HANDYMAN SERVICE, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against JOSEPH TING AND JOE’S HANDYMAN SERVICE, INC. ("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 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. a3/ay Mar 14 200? 3:10 @a/ld/2ae7 a7: 5g 8589219186 DEPR PAGE @4/a7 4, At no time material hereto, was the Respondent JOSEPH TING duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto was the Respondent JOE’S HANDYMAN SERVICE INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. . 6. At all times material hereto, the Respondent JOSEPH TING was an officer/director of Respondent JOB’S HANDYMAN SERVICE. 7. Respondent’s last known address is 512 Commerce Center Building 735 Suite B, Sebastian, Florida 32958. 8. On or about June 1, 2005 the Respondent submitted an invoice to Julios Adolfo ("Adolfo”) to perform roofing work at Adolfo’s property in Indian River County, Florida. : 9. The original quoted price for the aforementioned project was $1860.00. 10, | The Respondent was paid $930.00 by check number 995 on June 2, 2005; $830.00 by check number 996 on June 8, 2005; and $100.00 by check nuiuber 1002 on July 5, 2005. . 11. Section 489.105(3), Florida Statutes, provides that 4 “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 from, or improve any building of structure, including related improvements to teal 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.” Mar 14 200? 3:11 @a/ld/2ae7 a7: 5g 8589219186 DEPR PAGE 85/87 12, 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. 13. Section 489.113(2), Florida Statutes, provides that “(no person who is not "certified or registered shall practice contracting in this state.” 14. 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. 15. 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 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 cage excluding costs associated with an attorney’s time; refissal 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 intpose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. @a/ld/2ae7 a7: 5g 8589219186 DEPR Mar 14 200? 3:11 PAGE 86/a7 ‘ Signed this Alot day of NV é cea lye _ FOOTE. 7 a ie a y ; . Aura Patricia. Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement: COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 0011116 Assistant General Counsel Unlicensed Enforcement Department of Business and Professional Regulation F | L F ; Office of the General Counsel Department of Business and Professional Regisistion 1940 North Monroe Street AGENCY CLERK Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 ame Suh Z. baba rcFound AfG _ufac(oe pate_Ll* 27-200lo LPG/

Docket for Case No: 07-001172