STATE OF FLORIDA DEPARTMENT GF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-070119 JOSEPH M. BRESNAHAN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against JOSEPH M. BRESNAHAN, ("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. STfYEB FhVd Ada SSBTETé6aS8 TP IGT 8abe/ST/Sa 8S:0T 800% ST Ary 4, At no time material hereto, was the Respondent JOSEPH M. BRESNAHAN duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. Respondent’s last known address is 3367 South Dean Terrace, Inverness, Florida 34452. 6. | On or about March 15, 2006 the Respondent submitted a proposal to Louise Tuller ("Tuller") offering to construct two (2) handicap access ramps and replace two (2) aluminum carport posts at Tuller’s property in Lecanto, Florida. 7, The original quoted price for the aforementioned project was $2050,00. 8, The Respondent was paid $1230.00 by check number 5999 on March 15, 2006; and $900.00 by check number 6006 on March 22, 2006; $60.00 by check number 6011 on March 31, 2006; and $175.00 by check number 6018 on April 5, 2006. 9. Section 489.105(3), Florida Statutes, provides that a “contractor” is a “[p]erson 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. 11. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 2 ST/Pa 8d Ada SSBTETé6aS8 TP IGT 8abe/ST/Sa ec:ol so0z ST Rey 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) (f), Florida Statutes, which provides that no person shall “{ejngage 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. ST/Se 8d Ada SSBTETé6aS8 TP IGT 8abe/ST/Sa 6S:0T 800% ST fey Signed this _S@aet _ day of Maorebr , WA Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 6011116 Assistant General Counsel r al Regulation Department of Business and department of Business and Professional Reg Professional Regulation AGENCY CLERK Office of the General Counsel 1940 North Monroe Street Tallahassee, FLL 32399-0750 Telephone (850) 488-0062 curk Sona fh. Weukannn Fax (850) 414-6749 -27- 200 DATE, PCFound ASS 3/22/e7 LPG/ ST/9e Fad Ada SSBTETé6aS8 TP IGT 862 /ST/Sa 6S:0T 800% ST fey

Docket for Case No: 08-002382