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 2 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