Oeputy Agency Clerk Evette L Proctor 6/15/2010 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, \0 —Tlpl Petitioner, v. Case No. 2008-063290 Oo .- CHERYL L. TRUJILLO, GB d/b/a OASIS POOLS, INC., o. @ & bo OOO Bre. OF af Respondent. EES, / ie BO BEC, Fe GS @ he, oO ADMINISTRATIVE COMPLAINT i The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Cheryl L. Trujillo, d/b/a Oasis Pools, Inc. (“Respondent”), and alleges: i. 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. Petitioner has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles Respondent to elect 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 Document in Unnamed 1 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 Cheryl L. Trujillo duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no material time to this case was Oasis Pools, Inc. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. The last known address for Respondent Cheryl L. Trujillo is 195 County Road 302, Bunnell, Florida 32110. 7. On or about February 25, 2008, Respondent negotiated and entered into a contract with Yvette Smith (“Smith”) to construct a swimming pool at Smith’s residence in Palm Coast, Florida, for a total contract price of $26,000.00. 8. For the above-mentioned work in paragraph seven (7), Smith paid Respondent $2,600.00 with check number 1034 on February 8, 2008; $14,300.00 with check number 1041 on March 25, 2008; and $8,320.00 with check number 1053 May 19, 2008, for a total sum of $25,220.00. 9. Despite accepting the payments outlined in paragraph eight (8), Respondent abandoned the project without completing the work she contracted to perform. Document in Unnamed 2 10. Section 489.113(2), Florida Statutes, provides that “no person who is not certified or registered shall practice contracting in this state.” 11. Section 489.105(3), Florida Statutes, defines a contractor as 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. 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. 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 certified or having a certificate of authority. : 14. The contracting for and/or performance of the work described above is within the scope of work described in Document in Unnamed Sections 489.105(3) and 489.105(6), Florida Statutes, and thus constitutes engaging in the practice of contracting. 15. Based upon the facts set 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. Document in Unnamed 4 Signed this 3rd day of March 2010. PC Found: 6-2-2010 MB/mak Document in Unnamed By: CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Maura M. Bolivar Maura M. Bolivar Chief Attorney Florida 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 NOTICE OF RIGHTS Respondent has the right to request 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. 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Docket for Case No: 10-007612