Oct 4 2007 13:55 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 11/ 27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, V5. Case Number: 2007-009368 2007-009359 JAMES MATTY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner" or "DBPR"), files this Administrative Complaint against JAMES MATTY, ("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 if a Respondent fails to request 2 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 JAMES MATTY Oct 4 2007 13:55 lafad/eae7y 1a:47 8584146749 : DEPR OGA PAGE 12/27 duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. 5. Respondent’s last known address is 14 Zebulon Place, Palm Coast, Florida 32164, 6. On or about January 24, 2007 the Respondent submitted a proposal during the course of an undercover sting operation offering to perform remodeling services in Palm Coast, Florida. The scope of work offered by the Subject included plumbing and electrical work. 7. The aforementioned sting operation was conducted by the Petitioner in conjunction with the City of Palm Coast Building Department and the Flagler County Sheriff's Office. 8, The Respondent was issued a Notice and Order to Cease and Desist in DBPR case number 2004-019233, which ordered the Respondent to immediately cease and desist the unlicensed practice of contracting in the State of Florida. The aforementioned case was closed pursuant to the Notice and Order to Cease and Desist, on July 8, 2004. 9, The Respondent was issued a Notice and Order to Cease and Desist in DEPR case number 2004-019262, which ordered the Respondent to immediately cease and desist the unlicensed practice of contracting in the State of Florida. The aforementioned case was closed pursuant to the Notice and Order to Cease and Desist, on July 2, 2004. 10. Subsection 489.105(3), Florida Statutes, provides that a “contractor” is 4 “[pjerson who, for compensation, undertakes to, submits a bid to, or does himself or Oct 4 2007 13:56 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 13/ 27 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.” 11. The contracting for and/or the performance of the work described above constitutes engaging in the practice of contracting pursuant to Subsections 489.105(3), 489.505(2) and/or 489.505(12), Florida Statutes. 12. Section 489.113(2), Florida Statutes, provides that “Injo person who is not certified or registered shall practice contracting in this state.” 13. Subsections 489,105(6) and 489.505(9), F lorida Statutes, provide that the attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. COUNT ONE 14. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). 15. Based upon the foregoing, the Respondent has violated Section 489.127(1) (f), 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.” COUNT TWO 16. _ Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). Oct 4 2007 13:56 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE 14/27 17. Subsection 489.531(1), Florida Statutes, provides that a person may not practice contracting ot 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 $0. 18. Based upon the foregoing, the Respondent has violated Subsection 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. COUNT THREE 19. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). 20. Based upon the foregoing, the Respondent has violated Subsection 455.2270) (q), Florida Statutes, by violating a lawful order of the department in regard to the Notice and Order to Cease and Desist issued in DBPR Case Number 2004-019233. COUNT FOUR 51. Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). 22. Based upon the foregoing, the Respondent has violated Subsection 455.227(1)(q), Florida Statutes, by violating a lawful order of the department in regard to the Notice and Order to Cease and Desist issued in DBPR Case Number 2004-019262. 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 te certify with Oct 4 2007 13:56 lafad/eae7y 1a:47 8584146749 DEPR OGA PAGE f 1o/27 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. Signed this__ /o¥La_ day of Amid , leo ?. L he -_ Laura Patricia Gaffney, FBN 437867 Chief Attorney Unlicensed Enforcement COUNSEL FOR DEPARTMENT: Jennifer Condon, FBN 11116 Senior Attomey Unlicensed Enforcement F | L ; Department of Business and Department of Business and Professional Regulation Professional Regulation AGENCY CLERK Office of the General Counsel 1940 North Monroe Street Tallahassee, FL 32399-0750 . . Telephone (850) 488-0062 CLERK Soh 4 . (oud om i Fax (850) 414-6749 vate U- L27 2007 PC Found A/G thole ? LPG#le

Docket for Case No: 07-004573