STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2007-049661 TODD P,. BOETZEL AND BOETZEL LANDSCAPING, INC. Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (Petitioner) files this Administrative Complaint against TODD P. BOETZEL AND BOETZEL LANDSCAPING, INC. (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of landscape architecture, pursuant to section 20.165, Florida Statutes (2007), and chapters 455 and 481, Part IL, Florida Statutes. 2. Petitioner is the state agency charged with regulating the practice of electrical contracting pursuant to section 20.165, Florida Statutes (2007), and chapiers 455 and 489, Part Hi, Florida Statutes. 3. Petitioner has jurisdiction over the unlicensed practice of landscape architecture and the unlicensed practice of electrical contracting pursuant to Section 455.228, Florida Statutes. 4. Chapter 120, Florida Statutes, entitles Respondent to elect a hearing regarding Fon Lotus} 9B/EB Said YOO sddd Bp29P Tress éT+2T SH@2/TE/ER Fi:24T 800¢ Te +e the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of am agency pieading, Respondent waives his right to request a hearing on the facts alleged. 5. At no time material hereto were Respondents the holders of valid licenses to engage in the practice of landscape architecture pursuant to Chapter 481, Part Il, Florida Statutes. 6. At no time material hereto were Respondents the holders of valid licenses to engage in the practice of electrical contracting pursuant to Chapter 489, Part IL, Florida Statutes. 7, At all times material hereto, Respondent TODD P. BOETZEL was the Registered Agent and Officer/Director/President of Respondent BOETZEL LANDSCAPING, INC. 8. Respondents’ last known address is 2534 22 Avenue North, St, Petersburg, Florida 33713. 9. On or about June 5, 2007 Respondents submitted an invoice to Southern Cross Construction for site preparation, including grading, placement of plantings, and installation of _an irrigation system at a construction site in Reddington Beach, Florida. 10. The aforementioned invoice also included electrical contracting work. i. Onor about June 19, 2007 Respondent Todd P. Boetzel signed a sworn Claim of Lien indicating that he provided “Landscaping, Sod and Irrigation” for the aforementioned project. | 12, Respondent was paid a deposit of $8,000.00 by check number 1274 on May 25, 2007. COUNT ONE 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twelve (12) as though fulfy set forth herein. Form Letters] 9a/Pa Sod YOO sddd ST:4T 8002 Te 4b Bp29P Tress éT+2T SH@2/TE/ER 14. Section 481.323(1), Florida Statutes, provides that a person may not knowingly practice landscape architecture unless the person is a holder of a valid license issued under this part. 15. Based on the foregoing, Respondent violated Section 481.323(1)(a), Florida Statutes, by practicing landscape architecture without being the holder of a valid license issued under Chapter 481, Part If, Florida Statutes. COUNT TWO 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 17. Subsection 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Subsections 489.505(2) and (12), Florida Statutes, including the attempted sale of contracting. services and the negotiation or bid for a contract on these services, (Emphasis added) 18. Subsection 489.505(12), Florida Statutes, provides that an "[electrical contractor" or "unlimited electrical contractor" means a person who conducts business in the electrical trade field and who has the experience, knowledge and skill to install, repair, alter, add to, or design __.electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form..." 19. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsection 489,505(12), Florida Statutes. Form Leticni] 98/SA Said YOO sddd 6P29PTPaos éT:4T 868 ST:4T 8002 Te 4b eee 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 so. 41. Based upon the foregoing, Respondent. has violated Section 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 $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; and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter 455 and 481 Part IL Florida Statutes, and the rules promulgated thereunder. Signed this _g23reAday of __~+d xu ree “ EES. Laura Panola Gaffney, FEN Bi 867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: F | L E D L Patricia Gaffney, FEN 4 Chief Attorney ey, FBN 437867 Department of Business arid Professional Regulation Unlicensed Enforcement , DEPUTY CLERK Department of Business and Brandt Professional Regulation CLERK Nichol Office of the General Counsel A- - 4. 2 00 1940 North Monroe Street DATE g Tallahassee, FL. 32399-0750 Telephone (850) 488-0062 ; ; ; Fax (850) 414-6749 Oc Cound ifa3foy LP 4 ‘Fem Letters! 96/98 Sod vOO Mdaa 6P29PTPaos iT: STi2T 800Z TS JEM eh SGC ATE ES

Docket for Case No: 08-001603

Orders for Case No: 08-001603