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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs MARK A. LAMBE AND FLORIDA PROPERTY REPAIRS, 07-000712 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000712 Visitors: 8
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: MARK A. LAMBE AND FLORIDA PROPERTY REPAIRS
Judges: BRAM D. E. CANTER
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Feb. 13, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 9, 2007.

Latest Update: Jan. 18, 2025
Feb 13 200? 9:15 82/13/2087 89:15 8584146743 DBPR OGA PAGE 3/12 STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ol - O I | L vs Case No. 2006-022069 MARK A. LAMBE AND FLORIDA PROPERTY REPAIRS INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against MARK A. LAMBE AND FLORIDA PROPERTY REPAIRS INC , ("Respondent"), and says: od 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, Part 0, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of electrical 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 if a 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 hearing on the facts alleged. EXHIBIT Feb 13 200? 9:14 02/13/2007 @9:15 8504146749 DBPR OGA PAGE 84/12 4. At no time material hercto, was the Respondent MARK A. LAMBE duly registered or certified to engage in the practice of electrical contracting pursuant to Chapter 489, Part II, Florida Statutes. 5. At no time material hereto was the Respondent FLORIDA PROPERTY REPAIRS INC., duly qualified to engage in the practice of electrical contracting pursuant to Chapter 489, Part II, Florida Statutes. 6. Respondent’s Jast known address is 11755 Sir Winston Wav, Orlando, Florida 32824. 7. At all times material-hereto, the Respondent MARK A. LAMBE has been the Registered Agent and Officer/Director of Respondent FLORIDA PROPERTY REPAIRS INC. 8. On or about July 10, 2005, the Respondent contracted with Jacqueline Tracksess (hereinafter “Trucksess”) to construct a room addition, including electrical work, onto Trucksess’ residence located in OrJando, Florida. 9. The original quoted price for the aforementioned project was $32,220.00. 10. The Respondent was paid $36,110.00 by check number 4538 on August 18, 2005. It. Subsection 489.505(9), Florida Statutes, provides that “contracting” means engaging in the business as a contractor or performing electrical or alarm work for compensation and includes performance of any act outlined in Subsections 489.505(2) and (12), Florida Statutes, including the attempted sale of contracting services and the negotiation or bid for a contract on these services. Feb 13 200? 9:1: PAGE 05/12 82/13/2807 89:15 8584146749 DBPR OGA 12. Subsection 489.505(2), Florida Statutes, provides that an “Alarm system contractor” means a “person whose business includes the execution of contracts requiring the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service alarm systems for compensation, including but not limited to, all types of alarm systems for all purposes ” 13. Subsection 489.505(12), Florida Statutes, provides that an "Electrical contractor" or "unlimited electrical contractor” means a person who conducts business in the electrical trade field and who has the experience, knowledge and skil! to install, repair, alter, add to, or design ...electrical wiring, fixtures, appliances. apparatus, Taceways, conduit, or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form..." 14, The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsection 489.505(12), Florida Statutes. 15. Subsection 489.531(1), Florida Statutes, provides that a person may not practice contracting or advertise himself or a business organization as available to engage in electrical or alarm system contracting unless the person is certified or registered to do So. 16. Based upon the foregoing, the Respondent has violated Section 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to excced $5,000.00 per Feb 13 2007 9:16 DBPR OGA PAGE 06/12 2/13/2807 09:15 8504146749 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, and application for licensure; restriction of practice; issuance cf 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. Signed this _ PL, day of atptewhay_, aeee- Laura Patricia Gaffncy, FBN'437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: FILED Jennifer Condon, FBN 11116 Department of Business and Professional Regulation Senior Attorney AGENCY CLERK Unlicensed Enforcement Department of Business and Professional Regulation Office of the General Counsel CLERK Say rh, z . (Weudm coe 1940 North Monroe Street pate. /O-//- 200 lo 7 Tallahassec, FL: 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 PC Found PG 9/2 Yok LPG/jIc

Docket for Case No: 07-000712
Issue Date Proceedings
May 09, 2007 Order Relinquishing Jurisdiction and Closing Files. CASE CLOSED.
Apr. 27, 2007 Petitioner`s Response to Respondent`s Showing of Good Cause filed.
Apr. 26, 2007 Letter to Judge Canter from M. Lambe regarding missing administrative hearing filed.
Apr. 18, 2007 CASE STATUS: Hearing Partially Held; continued to date not certain.
Apr. 18, 2007 Order to Show Cause (Respondent shall show cause in writing, no later than April 25, 2007, why his failure to appear at the final hearing should not be treated as a withdrawal of his petition for hearing).
Mar. 28, 2007 Petitioner`s Exhibit List filed.
Mar. 16, 2007 Petitioner`s Witness List filed.
Feb. 15, 2007 Notice of Hearing by Video Teleconference (hearing set for April 18, 2007; 1:00 p.m.; Orlando and Tallahassee, FL).
Feb. 15, 2007 Order of Consolidation (DOAH Case Nos. 07-0712 and 07-0713).
Feb. 14, 2007 Response to Initial Order filed.
Feb. 13, 2007 Election of Rights filed.
Feb. 13, 2007 Administrative Complaint filed.
Feb. 13, 2007 Agency referral filed.
Feb. 13, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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