a2/ 23/2818 13:53 Feb 23 2010 13:03 8589219186 : DEPR PAGE 3/12 FILED Dopartment of Business and Professtonnk Regulation Deputy Agency Clerk CLERK Brandon Nichols Date 8/19/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFPESSTONAL REGULATION, Va Petitioner, Case No. 2007-029023 THOMAS KOLLAR, d/b/a SEMINOLE HANDY SERVICES, Respondent. : / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Thomas Kollar, d/b/a Seminole Handy Services (“Respondent”), and alleges: i. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, 2. and Chapters 455 and 489, Florida Statutes. Petitioner has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. elect 3. Chapter 120, Florida Statutes, entitles Respondent to 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 21 days GAOGC ULA\AC 2009\2007-029029 Kollar CILB.doc 1 Feb 23 2010 13:03 62/23/2616 13:53 8589219186 DEPR PAGE 4/12 of receipt of an agency pleading, Respondent shall have waived the right to request a hearing. 4. At no material time to this case was Respondent Thomas Kollar duly recistered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no material time to this case was Seminole Handy Services duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. The last known address for Respondent Thomas Kollar is 422K North Edgemon Avenue, Winter Springs, Florida 32708. 7. On or about July 6, 2005, Respondent negotiated and entered into a verbal contract with Bernard Buonanno (“Buonanno”) to install a shower and bathtub at Buonanno’s residence in Sanford, Florida, 8. For the above-mentioned. work in paragraph seven (7) Buonanno paid Respondent $376.23 with check number 2537 on. July 6, 2005; $295.00 with check number 2588 on July 25, 2005; and $386.00 with check number 2591 on July 27, 2005, for a total sum of $1,057.23. 9. Section 489.113(2), Florida Statutes, provides that “no person who is not certified or registered shall practice contracting in this state.” GOGC ULA\AC 2009\2007-629029 Kollar CILB.doc 2 Feb 23 2010 13:03 g2/2a/2818 13:53 8589219186 DEPR PAGE 5/12 10. Section 489.105(3), Florida Statutes, defines a contractor aS at tplezson who, for compensation, undertakes to, submits a bid to, or does himself or hersel— or by others construct, repair, alter, remodel, add to, demolish, subtract from, ox 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. 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.” 12. Section 489.127(1)(f), Florida Statutes, provides that no person shall: engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization aS available to engage in the business or act in the capacity of a contractor without being duly registered or eertified or having a certificate of authority. 13. The contracting for and/or performance of the work described above is within the scope of work described in Sections 489.105(3) and 489.105(6), Florida Statutes, and thus constitutes engaging in the practice of contracting. GAOGC ULA\AC 2009\2007-029029 Kollur CILB.doc 3 Feb 23 2010 13:03 g2/2a/2818 13:53 8589219186 DEPR PAGE §6/12 14. Based upon the facts get forth above, Respondent violated Section 489.127(1) (f), Florida Statutes, in one or more of the following ways: (a) By engaging in the unlicensed practice of contracting as defined by Section 489.105(3), Florida Statutes; (b} By engaging in the unlicensed practice of contracting as defined by Section 489.105(6), Florida Statutes. Wherefore, Petitioner requests that a Final Order be entered imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident for violations of Chapter 489, Part I, Florida Statutes,; 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 is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. GAOGC ULAVAC 2009\2007-029029 Kollar CIL Boe g2/2a/2818 13:53 8589219186 Feb 23 2010 13:04 DEPR PAGE @7/12 tA . Signed this [4 day of f , 2009. PC Found: _glypha MB/mak GAQOC ULAVAC 2100\2007+028029 Kollar CILB doe CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Maura M. Bolivar Chief Attorney Plorida Bar’ No. 0295840 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile Feb 23 2010 13:04 62/23/2616 13:53 8589219186 DEPR PAGE 88/12 . NOTICE OF RIGHTS Respondent has the right to Yrequest a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call 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 ULANAC 2009\2007.029029 Kollar CILB.doc 6

Docket for Case No: 10-000965