Feb 13 200° = 9:i 32/13/2087 9:15 8504146749 DBPR OGA PAGE 07/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, O 7 . 0 T ‘> VS. Case No. 2006-018429 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: 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.]11, 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. 4. At no time material hereto, was the Respondent MARK A. LAMBE duly EXHIBIT * Feb 13 2007 9 9:28 82/13/2887 69:15 8504146749 DBPR OGA PAGE 98/12 registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. At no tume material hereto was the Respondent FLORIDA PROPERTY REPAIRS INC., duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 6. Respondent’s last known address is 11755 Sir Winston Way, 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 Trucksess (hereinafter “Trucksess”) to construct a room addition onto Trucksess’ residence located in Orlando, Florida. 9. The original quoted price for the aforementioned project was $32,220.00. 10. (The Respondent was paid $16,110.00 by check number 4538 on August 18, 2005. 11. Section 489.105(3), 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.” Feb 13 200? 9rat. 82/13/2887 @9:15 85841467493 DBPR OGA PAGE 09/12 12. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Section 489.1 05(3), Florida Statutes. 13. Section 489.113(2), Florida Statutes, provides that “[nJo person who is not certified or registered shall practice contracting in this state.” 14., - 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. 15. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), Florida Statutes, which provides that no person shall “[eJngage in the business ox 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. Feb 13 200? 9:28 @2/13/2807 69:15 8584146749 DBPR OGA PAGE 18/12 Signed this Joti. dayof___ Se adewtaer awe. Wi Laura Patricia Gaffney, FBN 437867 Chief Attomey Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 11116 FY LED Senior Attorney ional Regulation Unlicensed Enforcement Department of Business ahd cn AGENCY Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street ea ww CLERK - fA Tallahassee, FL 32399-0750 Si a ar Telephone (850) 488-0062 DATE * Fax (850) 414-6749 PC Found G 1/70/06 LPG/jlc

Docket for Case No: 07-000713