Jul 10 2008 16:45 a7/le/2has 16:27 6569219186 DBPR PAGE &4/ae STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ‘ ; Case Number: 2006-050461 “MICHAEL ERIC MABIRE MICHAEL MABIRE CONSTRUCTION CO, INC. FKA FRIDAY CONSTRUCTION CO.OF NW FLORIDA, INC. . Respondent. OOO MINE CO r " Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner" or "DBPR"), files this Administrative Complaint against ‘MICHAEL ERIC MABIRE AND MICHAEL MABIRE CONSTRUCTION CO., INC. FKA FRIDAY CONSTRUCTION CO. OF NW FLORIDA, 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 bas jurisdiction ) over the unlicensed practice of contracting pursuant to Section 455.228, Florida Statutes. 3. Chapter 120, Florida Statutes, entitles Respondent to elect a hearing ' regarding the allegations contained herein. Rule 28-106.111, Florida Adtninistrative Code, provides in part that if Respondent fails to request a hearing within twenty-one Jul 10 2008 16:47 ar/le/2aee 16:27 8589219186 DEPR PAGE @5/@8 (21) days of receipt of an agency pleading, Respondent waives his right to request a hearing on the facts alleged. 4. At no time material hereto was Respondent MICHAEL ERIC MABIRE duly registered or certified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. . 5. At no time material hereto was Respondent MICHAEL MABIRE CONSTRUCTION co. FKA FRIDAY CONSTRUCTION COMPANY OF NW. FLORIDA, INC. duly qualified to engage in the practice of contracting pursuant to Chapter 489, Florida Statutes. «6 At all times material hereto, specifically effective July 26, 2005, Respondent MICHAEL ERIC MABIRE was the Registered Agent and Officer/Director/President of Respondent MICHAEL MABIRE CONSTRUCTION CO. FKA FRIDAY CONSTRUCTION COMPANY OF NW FLORIDA, INC. 7. Respondent’s last known address is POR 30664, Pensacola, FL 32503- 1664, . ) 8. On or about July 26, 2005 Respondent entered a contract with Patricia Harwood (“Harwood”) to ‘perform roofing, structural work, and electrical work ‘at Harwood’ property in Santa Rosa County, Florida. . 9. For the ‘aforementioned project, Respondent was paid approximately $57,000.00 by insurance company proceeds; $25,000.00 by check number 2764 on September 14, 2005; $25,000.00 by check number 199 on December 9, 2005; and $25,000.00 by check number 251 on December 22, 2005. Jul 10 2008 16:47 ar/le/2aee 16:27 8589219186 DEPR PAGE 86/88 10. - Subsection 489.105(3), Florida Statutes, provides that a “contractor” is a “{plerson 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.” 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 “[n]o person who is not certified or registered shall practice contracting in this state.” 13. Subsections 489,105(6) and 489.505(9), Florida 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, 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 7/18/2688 16:27 16. Jul 10 2008 16:47 8589219186 DEPR PAGE 87/88 Petitioner realleges and incorporates herein by reference the allegations contained in the foregoing paragraphs one (1) through thirteen (13). 17. 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 80. 18. Based upon the foregoing, Respondent has violated Subsection 489.531(1), Florida Statutes, by engaging in the unlicensed practice of electrical contracting. imposing one WHEREFORE, Petitioner respectfully requests the entry of an Order or more of the following penalties: an administrative fine not to exceed $10,000.00 per incident for Chapter 489 Part J, Florida Statutes, violations and $5,000.00 per incident for Chapter 489 Part IL, Florida Statutes, violations; assessment of costs related to the investigation and prosecution of the case excluding costs associated with an attomey’s time; and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder, Signed this /&i4) day of Cab pre Department of Business and Professional Regulation rane FILED DEPUTY CLERK Laufa Patricia Gaffney, FEN 437867 Chief Attorney Unlicensed Enforcement Jul 10 2008 16:47 ar/le/2aee 16:27 8589219186 DEPR PAGE @8/ae CO8UNSEL FOR DEPARTMENT: - Laura Patricia Gaffaey, FBN 437867 Chief Attommey 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 - Fax (850) 414-6749 PC Found alig/e gLle

Docket for Case No: 08-003345