STATE OF FLORIDA _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case Number: 2006-046092 ‘ 2006-046095 RICHARD STEPHEN JOHNS JR. AND AMBASSADORS REMODELING LLC, : Respondent. : / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against RICHARD STEPHEN JOHNS JR. AND AMBASSADORS REMODELING LLC, ("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. EAHIBIT * Ba/éa Fad YOO sddd Bp29P Tress JEP 4882/66/98 ZeiST 2o0z 6Z Aiey 4, At no time material hereto, was the Respondent RICHARD STEPHEN JOHNS JR. 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 AMBASSADORS REMODELING LLC duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 3435 Ococee Apopka road, Apopka, Florida 32703-8519. 7. At all times material hereto, the Respondent RICHARD STEPHEN JOHNS JR. was the Registered Agent and Manager/Member of Respondent AMBASSADORS REMODELING LLC. 8. On or about May 27, 2006, the Respondent contracted with Victor and Ann Gitzke (hereinafter “Gitzke”) to perform structural remodeling work which included plumbing and electrical work at Gitzke’s residence located in Sanford, Florida. 9. The original quoted price for the aforementioned work was $38,500.00. 10, For the aforementioned project, the Respondent was paid $7700.00 by check number 3909 on May 26, 2006, $4600.00 by check number 3914 on hue 1, 2006; $5800.00 by check number 3916 on June 2, 2006 and $8800.00 by check number 3921 on June 9, 2006. ; . 11. On or about May 27, 2004 the Respondent was issued a Notice and Order io Cease and Desist in DBPR Case Number 2003-096354, which ordered the Respondent to immediately cease the unlicensed practice of contracting in the State of Florida. BA/ER Fad YOO sddd 6pé9oPTpags ge: ZPIST 4002 62 Fe, aii DBPR Case Number 2003-096554 was closed June 17, 2004 pursuant to the issuance of ‘the Notice and Order to Cease and Desist. 12. Onor about May 27, 2004, the Respondent was issued a Notice and Order to Cease and Desist in DBPR Case Number °2003-096557, which ordered the Respondent to immediately cease the unlicensed practice of contracting in the State of Florida. DBPR Case Number 2003-096557 was closed June 17, 2004 pursuant to the, issuance of the Notice and Order to Cease and Desist. . 13. “Subsection 489.105(3), Florida Statutes, provides that a “contractor” is 4 “[pjerson 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 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.” 14. 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. 15. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shal] practice contracting in this state.” 16. 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. Ba/Pa SBKd YOO sddd Gb. 9p Tpass Geipa 488 ZPIST 4002 62 Fe, 2/62/58 COUNT ONE 17. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through sixteen (16). 18. 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 jn 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 19. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through sixteen (16). 20, 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. 21: Based upon the foregoing, the Respondent has violated Subsection 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. COUNT THREE 22. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through sixteen (16). Ba/SA Fad YOO sddd 6h2 9p Tpass geipa 4a0z Crist 4002 62 Fe, fb /S4 23, Based upon the foregoing, the Respondent has violated Subsection 455.227(1)(q), Florida Statutes, by violating a lawful order of the department in regard to the Notice and Order to Cease and Desist issued in DBPR: Case Number 2003-096554. "COUNT FOUR 24. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through sixteen (16). 25, Based upon the foregoing, the Respondent has violated Subsection 455,227(1)(q), Florida Statutes, by violating 2 lawful order of the department in regard to the Notice and Order to Cease and Desist issued in DBPR Case Number 2003-096357. WUEREFORE, 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 ofa 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 3 [ot _ day of Sa gueny, 2007, FEO Fy , Fb \ Lt 0 season Le sor ; ' of Business and eek i — 7, popartmen AGENCY CUE Laura Patricia Gaffney, FBN‘437867 3 Chief Attomey . 4 Unlicensed Enforcement Jams 25 \) ge chen 7) Ard oe tale E) 86/98 Fd yoo Adaa 6pé9oPTpags SE Ppa 42 /62/S5 Crist 2o0z 6Z Ae eee COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 11116 Senior Attorney Unlicensed Enforcement 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 * PC Found 4/4/07 Pe LPG/jle 6 ea/é@ Few fa ‘d FOO Ada 6Pl or Trase SE Pe /862/6¢/S8 Crist 4002 62 Fe,

Docket for Case No: 07-002356