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
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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
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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.
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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
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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
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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.
|