Deputy Agency Clerk STATE OF FLORIDA cuRK OE vette Lawson-Procior DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI pee 4/4/2016 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. : Case No. 2015-032507 CILB DUANE LEE ALBERTI, Respondent. : ADMINISTRATIVE COMPLAINT The Department of -Business...and...Professional.. Regulation... (“Petitioner”) . files ..this Administrative Complaint against Duane Lee Alberti (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of construction contracting pursuant to sections 489.13 and 455.227, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction contracting pursuant to chapter 489, Florida Statutes. 4. ‘At no time material hereto was Alberti Enterprises & Repair, LLC an entity properly qualified under the provisions of chapter 489, Florida Statutes. 5. Respondent’s last known address is 3604 Westmoreland Drive, Tallahassee, Florida 32303. 6. . On or about Januaty 11, 2015, Respondent, d/b/a/ Alberti Enterprises & Repair, LLC, contracted to perform regulated construction contracting services, including but not limited to, installing a new gas line, and cleaning coils on a HVAC system, at a residence located at 10972 Heartwood Hills Boulevard, Tallahassee, Florida 32317. 7. Respondent contracted to perform the regulated services at issue for compensation. 8. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by “performing an activity requiring licensure under [chapter 489, part 1, Florida Statutes] as a construction contractor” without the requisite license. 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, Florida Statutes, and the rules promulgated thereunder. By: PC Found: March 30, 2016 By: Al Cheneler RDV Signed this 30" day of March, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation s/ Al Cheneler ‘Al Cheneler, B.C.S.* Florida Bar No. 512801 Chief Attorney, Unlicensed Activity Depattment of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St. Tallahassee, FL. 32399 Ph: (850) 717-1233 * Board Certified Specialist Real Estate 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 accordatice 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 ani cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his of-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, Flonda Administrative Code. Rule 28- 106.111, Florida Administrative Code, provides in patt 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. NOTICI FE, REGARDING ASSESSMENT OF COSTS Respondent is placed on no tice 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: 16-002317