Jan 11 200? 11:15 @l/1l/28ea7 11:12 8584146749 DEPR OGA PAGE 83/88 } 1 STATE OF FLORIDA | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2006-027693 MICHAEL DWAYNE COOPER AND A-Z HOME REPAIR LLC, Respondent. / ADMINISTRATIVE COMPLAINE Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against MICHAEL DWAYNE COOPER AND A-Z HOME REPAIR LLC, ("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. Chapter 120, Florida Statutes, entitles the Respondent to elect a hearing regarding the allegations contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that ifa Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, the Respondent shall have waived his right to request a heating on the facts alleged. Jan 11 200? 11:15 @l/1l/28ea7 11:12 8584146749 DEPR OGA PAGE @4/ae 4. At no time material hereto, was the Respondent MICHAEL DWAYNE COOPER duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no time material hereto was the Respondent A-Z HOME REPAIR LLC duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 859 Colonial Drive, Tampa, Florida 33613. 7. On or about December 20, 2005, the Respondent submitted a proposal to Suzette Holder (“Holder”) offering to convert a garage into an office at Holder’s residence located in Tampa, Florida. 8. The original quoted price for the aforementioned project was $15,000.00. 9. The Respondent was paid $1900.00 by check number 753 on January 16, 2006; $1800.00 by check number 741 on December 31, 2005 and $60.00 by check number 736 on December 20, 2005. 10. Section 489.105), Florida Statutes, provides that a “contractor” is a “[pJerson 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 real estate, for others or for resale to others: and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection.” Jan 11 200? 11:15 @l/1l/28ea7 11:12 8584146749 DEPR OGA PAGE @5/@8 11. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Section 489.105(3), Florida Statutes. . 12. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 13. Section 489.105(6), Florida Statutes, provides that "The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. 14. Based upon the foregoing, the Respondent has violated Section 489.127(1) , Florida Statutes, which provides that no person shall “[e]ngage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization...without being duly registered or certified or having a certificate of authority.” WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $10,000.00 per ‘incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attomey’s time; refusal to certify, or to certify with restrictions, and 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 thereunder. @l/1l/28ea7 11:12 8584146749 Signed this 13th. day of COUNSEL FOR DEPARTMENT: Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 Telephone (850) 488-0062 Jan 11 200? 11:16 Fax (850) 414-6749 PC Found Whe 1 fysxfo1 LPG/jle DBPR OGA PAGE 6/88 ! Lit. Abb. Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement FILED Department af Business anid Professional Regulation ’ AGENCY CLERK CLERK Setody 2. (Weadon om pate 729 * ZOD

Docket for Case No: 07-000138