Jul 10 2008 16:46 a7/18/2888 16:27 95092719186 DEPR PAGE ad/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: 2006-050461 “MICHAEL ERIC MABIRE MICHABL MABIRE CONSTRUCTION CO, INC. : FICA FRIDAY CONSTRUCTION CO,OF NW FLORIDA, INC. . ‘Respondent. / ea 1 "petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Petitioner” or “DBPR"), files this Adrninistrative Complaint against -MICHAEL ERIC MABIRE AND MICHAEL MABIRE CONSTRUCTION CO,, INC. FKA FRIDAY CONSTRUCTION CO. OF NW FLORIDA, INC: ("Respondent"), and Baye: ) . 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 jutisdiction 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 allegitions contained herein. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one 48/68 Jovd YOO sddd 6P29PTPaos TS:86 @ OT: fT ode T [nc an Jul 10 2008 16:4¢ a7/1a/2e@8 16:27 9589219186 DEPR PAGE 85/08 (21) days of receipt of an agency pleading, Respondent waives his right to request a hearing on the facts alleged. a 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 429, Florida Statutes. 5, Al 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 pursuatt to Chapter 489, Florida Statutes «gst all times material hereto, “gpenifically effective July 26, 2005, Respondent MICHABL ERIC ‘MABIRE was the Registered’ Agent and Officer/Direttor/President of Respondent MICHAEL MABIRE CONSTRUCTION co. FKA FRIDAY CONSTRUCTION COMPANY OF NW FLORIDA, INC. 7. Respondent's Js last known address is POR 30664, Pensacola, FL 32503- ' 1664. _ §. On or about July 26, 2005 Respondent entered 2 cottract 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. Fa) fEB Sod YOO sddd Bp29P Tress TS:86 Tac /Be/oe Ti:fl Ode tT ne Jul 10 2008 16:4? @7/10/2088 16:27 8589219186 DEPR PAGE @6/88 10, - Subsection 489. 105(3), Florida Statutes, provides that a “contractor” is “[plerson who, for compensation, undertakes to, subsaits a bid to, or does himself or herself or by others construct, yepair, alter, remodel, add to, demolish, mbtract from, or improve any building or structure, inciuding related improvements to real estate, for ‘ others or for resale to others; and whose job scope is substintially 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 " gonstitutes engaging in the practice of éontracting pursuant 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 realloges and incorporates herein by reference the allegations contained in the foregcing ‘paragraphs one (1) through thirteen (13). ) 15. Based upon the foregoing, Respondent has violated Section 489. 127(1) ©, Florida Statutes, which provides that no peeson shall “[elesage in the business or act in the capacity of a contractor or advertise himself or herself or 2 business organization. without being duly registered or certified or having a certificate of authority.” COUNT TWO éQ/Pa Sod YOO sddd Bp29P Tress TS:84 @ Ti:fl ode T Inf ees Jul 10 2008 16:47 @7/18/2008 16:27 9529219186 DBPR PAGE 87/88 16, Petitioner realleges and incorporates herein by reference the allegations contained i 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 systemt contracting unless the person is certified or registered to do o 7 ) 1%. Based upon the foregoing, Respondent has violated Subsection 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 exceed $10,000.00 per incident for Chapter 489 Part I, Florida Statutes, violations and $5,000. 00 per incident for Chapter 489 Part II, Florida Statutes, violations, agsesament of costs related to the investigation and prosecution of the case excluding costs associated with an attorney's. time; and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuunt to Chapters 455 and 489, Florida’ Statutes, and the rules ptomulgated thereunder. signedthis_ /&/41_ day of feb firernger , ROT, FILED. LIE Department ot paps anit acorns Roguiation Chief Attorney ee Unlicensed Enforcement 4@/SA J5%d . YOO sddd BPA9PTPas : rept ola Tine 8 TS:86 Tac /Be/oe a7/ie/2eas 16:27 9589219166 48/98 Sod COSUNSEL FOR DEPARTMENT: - Laura Patricia Gaffney, FEN 437867 Chief Attomey Unlicensed Enforcement Department of Business and Professional Regulation Office of the General Counsel 41940 North Monroe Street Tallahassee, PL 32399-0750 Telephone (850) 488-0062 Fax (850) 414-6749 PCFound__ais/oe LAG Yo0 addad Ti:fl ode T Inf DEPR Jul 10 2006 Bp29P Tress ibrar PAGE 88/88 TS:86 Tac /Be/oe

Docket for Case No: 10-004487