Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: THOMAS CLIFFORD PYCHE
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: May 15, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 24, 2017.
Latest Update: Dec. 22, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI| pete 4/30/2047
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case No. 2016-043368
CILB/ECLB
THOMAS CLIFFORD PYCHE,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The Department of Business and Professional Regulation (“Petitioner”) files this
Administrative Complaint against Thomas Clifford Pyche (“Respondent”), and alleges:
1. Petitioner is the state agency charged with regulating the practices of construction
and electrical contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489,
Florida Statutes.
2. Petitioner has jurisdiction over the unlicensed practices of construction and
electrical contracting pursuant to sections 455.227, 455.228, 489.13, and 489.531, Florida
Statutes.
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, Florida Statutes.
4. Respondent’s last known address is 107 W. Saint Annes Circle, Apollo Beach,
Florida 33572.
5. On or about August 14, 2015, Respondent offered, contracted, or performed
regulated construction and electrical contracting services, including but not limited to installing a
screen room, installing a pan roof, extending plumbing to a shed, and extending electrical to a
shed, at 6234 Coach House Circle, Ruskin, Florida 33570.
6. Respondent offered, contracted, or performed the regulated services at issue for
compensation.
COUNT I
7. Petitioner realleges and incorporates by reference the allegations set forth in
paragraphs one through seven as though fully set forth herein.
8. Section 489.13(1), Florida Statutes, provides “any person performing an activity
requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is
guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration
authorizing him or her to perform such activity...”
9. Based upon the foregoing, Respondent violated section 489.13(1), Florida
Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes,
as a construction contractor without the requisite license.
COUNT I
10. Petitioner realleges and incorporates by reference the allegations set forth in
paragraphs one through seven as though fully set forth herein.
11. Section 455.227(1)(q), Florida Statutes, provides “violating...the applicable
professional practice act...” shall constitute grounds for which disciplinary actions may be taken.
12. Section 489.531(1)(a), Florida Statutes, provides “a person may not: (a) practice
[electrical] contracting unless the person is certified or registered.”
13. 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 24h day of January, 2016.
MATILDE MILLER, Interim Secretary
Department of Business and
Professional Regulation
By: /s/ Andrew H. Butler
Andrew H. Butler
Florida Bar No. 0123507
Assistant General Counsel
Office of the General Counsel
Unlicensed Activity
Department of Business and
Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399
Ph: (850) 717-1435
PC Found: January 24, 2017
By: DBPR
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: 17-002764
Issue Date |
Proceedings |
Jul. 26, 2017 |
Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to Petitioner.
|
Jul. 24, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jul. 24, 2017 |
Petitioner's Motion for Case Status and Scheduling Conference filed.
|
Jul. 18, 2017 |
Respondent's Response to Relinquish Jurisdiction filed.
|
Jul. 17, 2017 |
Respondent's Notice of Appeal filed.
|
Jul. 13, 2017 |
Petitioner's Unilateral Response to Order Granting Continuance filed.
|
Jul. 13, 2017 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Jul. 12, 2017 |
Respondent's Motion to Justify Conduct of Attorney Butler and Attorney Chenelea filed.
|
Jul. 11, 2017 |
Order to Show Cause.
|
Jul. 07, 2017 |
Order Granting Continuance (parties to advise status by July 21, 2017).
|
Jul. 06, 2017 |
Respondent's Response to Interrogatories filed.
|
Jul. 05, 2017 |
Respondent Pyche (Pro-Se) Motion to Reconsider Denial of Continuance filed.
|
Jun. 30, 2017 |
Order (rulings on outstanding motions).
|
Jun. 30, 2017 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jun. 30, 2017 |
Notice of Filing Petitioner's Proposed Exhibits filed.
|
Jun. 30, 2017 |
Petitioner's Witness List filed.
|
Jun. 30, 2017 |
Respondent's Witness List filed.
|
Jun. 29, 2017 |
CASE STATUS: Motion Hearing Held. |
Jun. 28, 2017 |
Petitioner's Motion to Take Official Recognition filed (exhibits contain confidential information; not available for viewing). 
 Confidential document; not available for viewing. |
Jun. 27, 2017 |
Petitioner's Motion to Compel Respondent to Answer Petitioner's First Interlocking Discovery Request or to Deem Admitted and Relinquish Jurisdiction filed.
|
Jun. 27, 2017 |
Petitioner's Response in Opposition to Respondent's Notice filed.
|
Jun. 27, 2017 |
Notice of Telephonic Motion Hearing (motion hearing set for June 29, 2017; 10:00 a.m.).
|
Jun. 26, 2017 |
Letter to Judge Quimby-Pennock from Thomas Pyche Stating Notice of Not Ready for Hearing filed.
|
Jun. 22, 2017 |
Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction filed.
|
Jun. 21, 2017 |
Respondent's Motion to Relinquish Jurisdiction filed.
|
Jun. 19, 2017 |
Petitioner's Motion to Take Official Recognition filed.
|
Jun. 19, 2017 |
Notice of Court Reporter filed.
|
Jun. 05, 2017 |
Notice of Double Jeopardy filed.
|
May 25, 2017 |
Notice of Ex parte Communication.
|
May 24, 2017 |
Respondent's Notice of Self Representation filed.
|
May 19, 2017 |
Order of Pre-hearing Instructions.
|
May 19, 2017 |
Notice of Hearing by Video Teleconference (hearing set for July 13 and 14, 2017; 9:00 a.m.; Tampa and Tallahassee, FL).
|
May 19, 2017 |
Joint Response to Initial Order (includes misc matter at paragraph "e") filed.
|
May 19, 2017 |
Joint Response to Initial Order filed.
|
May 16, 2017 |
Notice of Petitioner's First Interlocking Discovery Request filed.
|
May 16, 2017 |
Initial Order.
|
May 16, 2017 |
Notice of Appearance (Alphonse Cheneler) filed.
|
May 15, 2017 |
Election of Rights filed.
|
May 15, 2017 |
Administrative Complaint filed.
|
May 15, 2017 |
Agency referral filed.
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