Jul 2 2009 19:44 ar/az/2009 19:37 8509219196 DEFR PAGE 4/18 FILED apartment of Susinesd and Professional Requintlons Deputy Agency Clerk CLERK Brandon Mehols Date 5/14/2008 Pile STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2008-023454 L.A. SYPERT JOHNSTON, JR., D/B/A L.A. Builders LLC. Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction industry Licensing Board, against L.A. SYPERT JOHNSTON, JR., (“Respondent”), and says: L. 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. Respondent is, and has been at all times material hereto, a Certified Building Contractor, licenses number CBC 1252468, in the State of Florida, which is in “Current, Active” status. 3. Respondent's address of recerd is 8520 Merger Road, Pensacola, FL, 32514. QAOGC Fier\AC\2008-02345d Johnstan (4) AC. doo 1 Jul 2 2009 19:44 a7/G@2/2889 19:37 9589219196 DEPR PAGE 85/16 4. At all times material hereto, Respondent was the primary qualifying agent for L.A. Builders LLC. (“L.A. Builders”). 5. At all times material hereto, L.A. Builders possessed ‘a qualified business license also known as a certificate of authority, License Number QB 47262, which is in “Current” status. 6. On or about June 5, 2006, Respondent, daing business as L.A. Builders, obtained permits for unlicensed contractor Jeff Reeves, to commence repairs on a residence located at 1014 Maldonado, Pensacola Beach, FL. 7. Respondent ‘was aware that Reeves was not a licensed contractor. 8. On or about duly 17, 2008, Respondent admitted to Investigator Eddie James that Jeff Reeves paid Respondent $3,000.00 for obtaining the permit. 9. Based on the foregoing, Respondent violated section 489.129(1) (da), Florida Statutes, by performing an act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the Sertificate holder or registrant knows or has reasonable grounds to know that the person or entity was wuneertified and unregistered. GAOGCFler\AC\2008-023454 Johnston (d) AC.doc 2 arfa2/2ae9 19:37 8589219186 WHEREFORE, Petitioner Construction Industry Licensing Jul 2 2009 19:44 DEPR PAGE respectfully requests the Board enter an Order imposing oné or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution te a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this LS t& way of O.ert , 2009. CHARLES W, DRAGO, Secretary Department of Business and Professional Regulation L— es Fortunas ssistant General Counsel Fl. Bar No. 21635 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 By: OAOGCAFicr\AC\2008-023454 Johnston (d) AC.doc a6/18 Jul 2 2009 19:44 arfa2/2ae9 19:37 8589219186 DEPR PAGE @7/1a PC Found 04/28/09 Division I: Batton/Bonuso JP/at GAOGC\Fier\AC\2003-023454 Johnston (4) AC.doc Jul 2 2009 af/@2/2089 19:37 8589219186 DEPR PAGE 88/148 NOTICE OF RIGHTS Respondent has the right to request a hearing to he conducted in accordance with Seetions 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to Gall and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued.on his or her behalf if a hearing is requested. 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. an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter, Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. GAOGC\Fict\AC\2008-023454 Johnston (d) AC.doc 5

Docket for Case No: 09-003554