Mar 14 200? 14:12 3/14/2087 14:68 8589219186 DEPR PAGE 83/87 } } STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: 2006-029334 ROBERT MIANO AND DEGEORGE CEILINGS, INC., Respondent. ! ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against ROBERT MIANO AND DEGEORGE CEILINGS, 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, Flotida Statutes. 3. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.11 1, 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 Tequest a hearing on the facts alleged. Mar 14 200? 14:12 @a/ld/28ea7 14:48 8589219186 DEPR PAGE @4/a7 4, At no time material hereto, was the Respondent ROBERT MIANO 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 DEGEORGE CEILINGS, INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes, 6. Respondent’s last known address is 4499 126" Avenue North, Clearwater, Florida 33762. 7. The Respondent ROBERT MIANO is the Registered Agent and Officer/Director of Respondent DEGEORGE CEILINGS, INC. 8. On or about January 27, 2006, the Respondent submitted a proposal to Jeana Kolinchak (hereinafter “Kolinchak”) offering to perform structural remodeling work which included plumbing and electrical work in Bradenton, Florida. 9.. The original quoted price for the aforementioned project was $24,000.00. 10. For the aforementioned project, the Respondent was paid a $12,000.00 deposit. IL. ) Subsection 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 from, ot 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 i in one of the subsequent paragraphs of this subsection.” Mar 14 200? 14:12 @a/ld/28ea7 14:48 8589219186 DEPR PAGE 85/87 ) 1 12, ‘The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsections 489.105(3), 489.505(2) and/or 489,505(12), Florida Statutes. 13, Séction 489.113(2), Florida Statutes, provides that “[n]o person who is not certified or registered shall practice contracting in this state.” 14, Subsections 489.105(6) and 489.505(9), Florida Statutes, provide that the attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. COUNT ONE 15. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 16. 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.” COUNT TWO 17. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through fourteen (14). 18. 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. Mar 14 200? 14:12 @a/ld/28ea7 14:48 8589219186 DEPR PAGE 86/a7 } j 19, Based upon the foregoing, the Respondent has violated Subsection 489.531(1), Florida Statutes, by engaging in the unlicensed 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 time; refizsal 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. Signed this /7tt dayof__© cbs ben BEG. Laura Patricia Galtney, FBN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: . Jennifer Condon, FBN 11116 F | , Senior Attomey Department of Business and professional Regulation Unlicensed Enforcement AGENCY CLERK Department of Business and Professional Regulation , Office of the General Counsel - 1940 North Monroe Street CLERK Soa oA, f . (Wek sata) "y Tallahassee, FL 32399-0750 /0-30- 200 A Telephone (850) 488-0062/ DATE ° Fax (850) 414-6749 PC Found - A fb ¢£ fy TA a LPGilc

Docket for Case No: 07-001177