Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: CHRIS MOBLEY
Judges: CHARLES C. ADAMS
Agency: Department of Business and Professional Regulation
Locations: Crestview, Florida
Filed: Jan. 22, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 20, 2001.
Latest Update: Dec. 23, 2024
mai os
STATE OF FLORIDA rue D
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION uy 22 PH 3:38
DIVISIUN oF
DEPARTMENT OF BUSINESS AND ADMINISTRATIVE
PROFESSIONAL REGULATION, HEARINGS
Petitioner,
vs. ; Case No. 2000-00406
01-0985 PL
CHRIS MOBLEY,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
("Petitioner"), files this Administrative Complaint against CHRIS MOBLEY, ("Respondent"),
and says:
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. The Department of Business and Professional Regulation has jurisdiction over the
unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes.
3. At no time material hereto, was Respondent duly registered or certified to engage
in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes.
4. Respondent's last known address is c/o Eric Steven & Alexandra Fisher, 796 Pearl
Sand Dr., Mary Esther, FL 32569.
5. On or about October 11, 1999, Respondent d/b/a Mobley Builders and we
Remodelers entered into a contract with Anthony J. Randle (the Complainant) to construct a
1
Florida room and porch at 1013 Lake Drive, Niceville, Florida 32578. The scope of the work
included air conditioning duct work, installation of electrical outlets, installation of insulated
windows, shingled roofing, and brick finishing on the exterior of the porch. The contract price
was $16,000.
6. On October 11, 1999, Complainant paid Respondent a security deposit of $5,350
which Respondent deposited at his bank.
7. Respondent only performed one-half day's work, then abandoned the job.
8. Section 489.105(3), Florida Statutes, provides, inter alia, that a “contractor” is a
person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building
or structure, including related improvements to rea] estate, for others or for resale to others and
whose job scope is substantially similar to the job scope described in on of the subsections of
Section 489.105(3), Florida Statutes.
9. Section 489.105(3)(c), Florida Statutes, provides, inter alia, that a "residential
contractor" means a contractor whose services are limited to construction, remodeling, repair, or
improvement of one-family, two-family, or three-family residences not exceeding two habitable
stories above no more than one uninhabitable story and accessory use structures in connection
therewith.
10. The contracting for and/or the performance of the work described in Paragraph
Five (5) above constitutes engaging in the practice of contracting pursuant to Section 489.105(3),
Florida Statutes.
11. Section 489.113(2), Florida Statutes, provides that no person who is not certified
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or registered shall practice contracting in this state.
12. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida
Statutes, which provides that no person shall engage in the business or act in the capacity of a
contractor without being duly registered or certified or advertise himself 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.
WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or
more of the following penalties: an administrative fine not to exceed $5,000.00 per incident;
assessment of costs related to the investigation and prosecution of the case excluding costs
associated with an attorney’s time; refusal to certify, or to certify with restrictions, an application
for licensure; restriction of practice; issuance of a reprimand; corrective action and/or any other
relief the Department of Business and Professional Regulation is authorized to impose pursuant
to Chapter 455 and 489, Florida Statutes, and the rules promulgated theretnder.
COUNSEL FOR DEPARTMENT: FIL ED
pc of and Professional Regulation
Matthew S. Casey fe 0° Department DEPUTY CLERK
Assistant General Counsel 4] .
Department of Business and Michel
Professional Regulation cuerx Landon 000
Northwood Centre 4 - \O a A
DATE er
1940 North Monroe Street
Suite 60 :
Tallahassee, FL 32399-2202
Docket for Case No: 01-000285PL
Issue Date |
Proceedings |
Feb. 20, 2001 |
Order Closing File issued. CASE CLOSED.
|
Feb. 16, 2001 |
Petitioner`s Amended Motion to Relinquish Jurisdiction filed.
|
Feb. 15, 2001 |
Petitioner`s Motion to Relinquish Jurisdiction filed.
|
Feb. 08, 2001 |
Response to Initial Order filed by Petitioner.
|
Feb. 02, 2001 |
Notice issued (Notice is provided of attached Exhibit "A.")
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Feb. 02, 2001 |
Response to Initial Order letter form filed.
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Jan. 23, 2001 |
Initial Order issued.
|
Jan. 22, 2001 |
Election of Rights filed.
|
Jan. 22, 2001 |
Administrative Complaint filed.
|
Jan. 22, 2001 |
Agency referral filed.
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