O74 a FATE.OE! FLORIDA _ DEPARTMENT OF BUSINE, AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS UB PROFESSIONAL REGULATION 23 Alas as DIVISION OF Petitioner, ADHIRIST RAT WWE HEARINGS VS; Case No. 2005-043418 STEPHEN R.GARDEN AND DNA TRIM, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against STEPHEN R. GARDEN AND DNA TRIM, 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. 4, At no time material hereto, was the Respondent STEPHEN R. GARDEN 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 DNA TRIM, INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. At all times material hereto, the Respondent STEPHEN R. GARDEN was the President of Respondent DNA TRIM, INC. 7. Respondent’s last known address is ‘1703 Deer Avenue, Panama City, FL 32401. . 8B. On or about August 10, 2004 the Respondent submitted a proposal to Albert Oeding (“Oeding”) offering to perform plumbing work at Oeding’s property in Panama City, Florida. | 9. The Respondent was paid #2300.00 by check number 1037 on August 13, 2004; $2300.00 by check number 1059 on October 22, 2004; and $2500.00 by check number 1070 on November 19, 2004, | 10. Section 489.105(3), Florida Statutes, provides that a “contractor” is a . “[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.” 11. 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, 12. Section 489,113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 13. 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. 14. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), Florida Statutes, which provides that no person shall “fe|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 $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time; refirsal 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 oe why day of whet. _ » Bley . COUNSEL FOR DEPARTMENT: Sorin Ardelean 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 pCFomd__ fff @/x0/0? LPG/ Laura Patricia Gaffney, FBN 67 Chief Attorney, Unlicensed Enforcement/Accountancy F | Department of Business and Profess' om AGENCY CLERK jonal Regulation " » Waren ae Suehé 2007 ™

Docket for Case No: 07-004832