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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs MICHAEL PERRY, 16-003405 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003405 Visitors: 1
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: MICHAEL PERRY
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jun. 17, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 22, 2016.

Latest Update: Jul. 06, 2024
Deputy Agency Clerk STATE OF FLORIDA Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT] paste 4/30/2014 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2013-032531 CILB MICHAEL PERRY, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Michael Perry (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction contracting pursuant to section 20.165, Florida Statutes (2012), and chapters 455 and 489, part I, Florida Statutes (2012). 2. Petitioner has jurisdiction over the unlicensed practice of construction contracting pursuant to section 489.13, Florida Statutes (2012). 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction contracting pursuant to chapter 489, part I, Florida Statutes (2012). 4. At no time material hereto was All Year Maintenance, LLC properly qualified to engage in the practice of construction contracting pursuant to chapter 489, part I, Florida Statutes (2012). 5. Respondent’s last known address is 2033 Summer Lane, Tallahassee, FL 32305. 6. On or about June 3, 2013, Respondent d/b/a All Year Maintenance, LLC, contracted to perform regulated construction services for compensation at 492 Forest Green Dr., Tallahassee, FL 32308. 7. The scope of the contracted work included, but was not limited to, removing and replacing rotted wood in a roof. 8. Respondent received compensation in the amount of $12,000.00 for the project. 9. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes (2012), by “performing an activity requiring licensure under [chapter 489, part I, Florida Statutes (2013)] as a construction contractor” without the requisite license. WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, part I, Florida Statutes (2012), the rules promulgated thereunder. Signed this 29° day of April, 2014. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/Erin Renee Hennigan Erin Renee Hennigan Assistant General Counsel Florida Bar No. 99450 Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe St., Ste. 42 Tallahassee, Florida 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile PC Found: April 29, 2014 By: ERIN RENEE HENNIGAN ERH and NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 16-003405
Issue Date Proceedings
Aug. 25, 2016 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to the agency.
Aug. 22, 2016 Order on Outstanding Motions, Relinquishing Jurisdiction, Canceling Hearing, and Closing Files. CASE CLOSED.
Aug. 17, 2016 Petitioner's Motion to Allow Telephonic Testimony filed.
Aug. 17, 2016 Petitioner's Witness List filed.
Aug. 17, 2016 Notice of Appearance (Alphonse Cheneler) filed.
Aug. 17, 2016 Notice of Appearance (Alphonse Cheneler, filed in Case No. 16-003406).
Aug. 16, 2016 Petitioner's Notice of Filing (Proposed) Exhibits filed (exhibits not available for viewing).
Aug. 16, 2016 Order on Petitioner's Motions for Official Recognition.
Aug. 15, 2016 Petitioner's Second Motion to Take Judicial Notice filed.
Aug. 11, 2016 Motion to Take Judicial Notice filed.
Aug. 10, 2016 Amended Order to Show Cause.
Aug. 10, 2016 Order to Show Cause.
Aug. 08, 2016 Notice of Court Reporter filed.
Jul. 27, 2016 Petitioner's Motion to Deem Petitioner's Request for Admissions Contained within Petitioner's First Interlocking Discovery Request as Admitted and to Relinquish Jurisdiction as There are No Facts in Dispute filed.
Jul. 27, 2016 Petitioner's Motion to Compel Respondent to Answer Petitioner's First Interlocking Discovery Request filed.
Jul. 15, 2016 Order of Pre-hearing Instructions.
Jul. 15, 2016 Notice of Hearing (hearing set for August 24, 2016; 9:30 a.m.; Tallahassee, FL).
Jul. 01, 2016 Notice of Appearance (H. Wayne Mitchell) filed.
Jul. 01, 2016 Notice of Appearance (Ross Vickers, filed in Case No. 16-003406).
Jul. 01, 2016 Notice of Appearance (Ross Vickers) filed.
Jul. 01, 2016 Order of Consolidation (DOAH Case Nos. 16-3405 and 16-3406).
Jun. 24, 2016 Notice of Petitioner's First Interlocking Discovery Request filed.
Jun. 22, 2016 Petitioner's Unilateral Response to Initial Order filed.
Jun. 22, 2016 Petitioner's Motion to Consolidate filed.
Jun. 22, 2016 Notice of Withdrawal of Counsel filed.
Jun. 20, 2016 Initial Order.
Jun. 17, 2016 Election of Rights filed.
Jun. 17, 2016 Administrative Complaint filed.
Jun. 17, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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