FILED Department of Business and Professional Regulation § Deiputy Agency Clerk STATE OF FLORIDA CLERK —_ Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Y pote 40/1/2014 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2014-000391 Ve CILB/ECLB KIMBERLY DEEREY, Respondent. / ADMINISTRATIVE COMPLAINT The Department. of Business and professional Regulation (“Petitioner”) files this Administrative Complaint against Kimberly Deerey (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction and electrical contracting pursuant to section 20.165, Florida Statutes (2012), and chapters.4545 and 489, parts I & II, Florida Statutes (2012). 2. Petitioner has jurisdiction over the unlicensed practice of construction and electrical contracting pursuant to sections 489.13 and 455.227, Florida Statutes (2012). 3. At no time material hereto was Respondent duly registered or .certified to engage in the practice of construction or electrical contracting pursuant to chapter 489, parts I & II, Florida Statutes (2012). 4. At -no time material hereto was Slab-2-Shingles properly qualified to engage in the practice of construction or electrical contracting pursuant to chapter 489, parts I & IT, Florida Statutes (2012). 5. Respondent’s last known address is 615 Nursery Lane, Naples, Florida 34119. 6. On or about May 1, 2013, Respondent d/b/a. Slab-2- Shingles contracted to . perform regulated construction and electrical services for compensation at the residence of Karla and Jene Schwarz at 2289 Birdsong Lane, Naples, Florida 34117. COUNT_ONE 7, Petitioner realleges and incorporates by reference allegations set forth in paragraphs one through six as though fully set forth herein. 8. Based upon the foregoing, Respondent’ violated section 489.13(1), Florida Statutes (2012), by “performing an activity requiring licensure under [chapter 489, part I, Florida Statutes (2012)] as a construction contractor” without the requisite license. COUNT TWO 9. Petitioner realleges and incorporates by reference allegations set forth in paragraphs one through six as though fully set forth herein. 10. Section 489.531(1) (a), Florida Statutes (2013), provides that a person may not practice electrical contracting without the requisite license. 11. Based upon the foregoing, Respondent violated 455.227(1) (q), Florida Statutes (2012), by practicing electrical contracting without the requisite license in violation of section 489.531(1) (a), Florida Statutes (2012). WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, parts I & Il, Florida Statutes (2012), and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) DBPR v. Kimberly Deerey Case No. 2014-000391 Signature Page Signed this 1°° day of October, 2014. By: PC Found: October 1, 2014 By: Ian Brown BB KEN LAWSON, Secretary Department of Business and Professional Regulation /s/ Tan Brown Tan Brown . Assistant General Counsel Florida Bar No. 499048 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative. Code, provides in part. that if .Respondent fails to request a hearing within 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 Respondent in addition to any other discipline imposed.

Docket for Case No: 16-000063