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FILED

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Dote 111412010

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

v. Case No. 2009-037700

ROB BRINKER,

d/b/a B2 CUSTOM CONSTRUCTION, LLC,

Respondent.

/

ADMINISTRATIVE COMPLAINT

The Department of Business and Professional Regulation ("Petitioner" I files this Administrative Complaint agai.nst Rob Brinker, d/b/a B2 Custom Construction, LLC ("Respondent" I and alleges:

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. Petitioner has jurisdictl.on over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes.

3. Chapter 120, Florida Statutes, entitles Respondent to el.act a hearing regarding the allegations in this Administrative complaint. Rule 28-106.111, Florida Admini_strati ve Cod.e, provides in part that _tf a Respondent fai.ls to request a hearing

   
   

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   within 2 J. days of receipt of an agency pleading I Re5pondent shall have waived the right to request a hearing.

4. At no time materi.al to this case was Respondent duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida statutes.

5. At no rnateri.al time to this case was B2 custom

   
   

   Construction, LLC, duly qualifi.ed to engage in the practice o:E contracting pursuant to Chapter 489, Florida statutes.

6. Respondent's last known address c/o the law firrn of R.

   Timothy Jansen, P.A., 1206 North Duval Street, Tallahassee, Florida 32303.

7. On or about December 15, 2008, Respondent entered into a contract with Dee Ann Maxfield ("Maxfield") to provide services to Maxfield' s property located in Tallahassee, Florid<', for compensation.

8. The scope of the work included but was not limited to constructing a residence.

9. The scope of work referenced above requires a license

   
   

   issued by Petitioner.

   
   

10. Respondent

wa.s compensated f:or scope of work

referenced above .

.11. Section 489.113(2), Florida Statutes, provide:, that "no person who is not certi.fied or registered shaJ.l p.ractice contracting in this state.n

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1. Section 489.105 (3), Florida Statutes, defines a

   
   

   contractor as a:

   
   

   [plerson who, for compensati.on, undertakes to, submits a bid to, or does himself or herself or by otheraS 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.

   
   

2. Section 489.105(6), Florida statutes, provides that "the attempted sale of contracting services and the negotia.tion or bid for a contract on these services also constitutes contracting."

1.4. Section 489,l.27(1) (f), Florida Statutes, pro.rides 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.

1. The contracting for and/or performance of the wort described above is within the scope of wort desc:clbed in Sections 489.105(3) and 489.105(6), Flor.ids Statutes, and thus constitutes engaging in the practice of contracting.

   
   

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2. Based upon the facts set forth above, Respondent violated Section 489.127(1) (f), Florida Statutes, in one or more of the following ways:

1. By engaging in the unlicensed practice of

   contracting as defined by Section 489.105(3), Florida Statutes;

   
   

2. By engaging i.n the unJ.icern,ed 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 penal ties: an administrative fine not to exceed $10,000.00 per inci.dent for violations of Chapter 489, Part I, Florida Statutes; assessment of costs related to the investi.gation 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, Florid.a Statutes, and the rules promulgated thereunder.

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signed this 4 November 2010.

CH.ARLIE LIEM, Secretary Department of Business and

Professional Regulation

PC Found: 11/3/10

By: aura - <Boffvar Maura M. Bolivar Chief Attor.ney

Florida Bar No. 0295840 Department of Business and

Professional Regulation 1940 N. Monroe Street, Ste. 42

Tallahassee, FL 32399-2202

Telephone (850) 488-0062

Facsimile (850) 414-6749

By: Maura M. Boliva.r/rnak

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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-l.06.111, 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 ri.ght to request a hearing on the facts alleged.

NOTICE REGARDING ASSESSMENT OF COSTS

Respondent is placed on notice that Petitioner has incurred costs relotted to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (ot), Florid,,_ Statutes, the Board, or the Department when there is no Boa.rd, may assess costs relotted to the investigation and prosecution of the case excluding costs otssociated with otn attorney's time, against the Respondent in addition to any other discipline imposed.

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Docket for Case No: 11-001709