ST/aT STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-026548 NORBEY DAVILA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against NORBEY DAVILA ("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 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. and dad 98TbTcbese 4a°PT FRIST 8002 FT Yer Babs /PT/ Te 4, Ad no time material hereto, was the Respondent NORBEY DAVILA daly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5, Respondent’s last known address is 1047 Blvd. De La Parisienne, Mary Esther, Florida 32569. , 6. On or about September 22, 2004 the Respondent submitted a “contractor’s Invoice” to Sunny Uberoi (“Uberoi”) offering to re-roof Uberoi’s property in Mary Esther, Florida. 7. . The Respondent was paid a deposit of $3000.00 in cash at the time the contract was signed, and $2000.00 in cash on November 5, 2004, 8. On or about December 16, 2004 the Respondent executed a sworn Claim of Lien admitting that he replaced Uberoi’s roof and claiming an additional$6500.00 for’ this project. The Respondent was paid the additional $6500.00 on May 2, 2007 and the lien was released. 9, 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.” 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. 9T/TT 9 Savd dad 98TbTcbese 4a-pT Shaa/PT/Ta oP:ST 800¢ PFT Yer 11. Section 489.113(2), Florida Statutes, provides that “[nJo 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) (®), 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 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. 9T/éT avd dad 98TbTcbese 4a-pT Shaa/PT/Ta SP:eT 800 fT Yer Signed this Repl, day of LS r ZL /. Laura Patricia Gafiney, FBN 437867 Chief Attorney Unlicensed Enforcement F \ ional Reg! { Business and Professional Devartmant © AGENCY CLERK ulation COUNSEL FOR DEPARTMENT: Sorin Ardelean ; Assistant General Counsel wy rd WJ own, pon Department of Business and CLERK B ‘G 9 ts Professional Regulation DATE G- 26-2067 Office of the General Counsel 1940. North Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 f, Of pe f9 PC Found ALE 2 a7 LPG/ 4 aTVET avd ada FSIBTZBGGSS = AZIPL BaGZ/PT/ TA SP:eT 800 fT Yer

Docket for Case No: 08-000228