FILED Department of Business and Professional Regulation f Deputy Agency Clerk STATE OF FLORIDA CLERK Eveite Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pate 4/4/2016 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-032838 ECLB 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 electrical contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jirisdiction over the unlicensed practice of electrical contracting pursuant to sections 489.531 and 455.227, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of electrical 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 January 11, 2015, Respondent, d/b/a/ Alberti Enterprises & Repair, LLC, contracted to perform regulated electrical contracting services, mcluding but not limited to, removing and replacing lights, removing a chandelier and installing ceiling fans, removing a chandelier and installing a new light, removing a kitchen fan and installing a light, installing three new pool lights, removing and replacing six ceiling fans, and installing twelve dome lights, 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. Section 489.531(1)(a), Florida Statutes, provides that “(1) a person may not: (a) practice [electrical] contracting unless the person is certified or registered.” 9. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida Statutes, by practicing electrical contracting without ‘the requisite license, in violation of section 489.531 (1) (a), Florida Statutes. 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. Signed this 30" day of March, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ Al Cheneler Al Cheneler, B.C.S.* Florida Bar No. 512801 Chief Attorney, Unlicensed Activity Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St. Tallahassee, FL 32399 Ph: (850) 717-1233 * Board Certified Speciakst Real Estate PC Found: March 30, 2016 By: Al Cheneler RDV 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 tight 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 1s 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, ptovides 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. 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: 16-002318