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: Jan. 07, 2025
Deputy Agency Clerk
STATE OF FLORIDA
CLERK Evette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT pate 5/21/2014
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
Vv. Case No. 2013-033928
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 (2013), and chapters 455 and 489, part
I, Florida Statutes (2013).
2. Petitioner has jurisdiction over the unlicensed
practice of construction contracting pursuant to section 489.13,
Florida Statutes (2013).
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 (2013).
4. Respondent’s last known address is 2033 Summer Ln.,
Tallahassee, FL 32305.
5. On or about July 21, 2013, Respondent contracted to
perform regulated construction services for compensation at 2509
Killarney Way, Tallahassee, FL 32309.
7. The scope of the contracted work included, but was not
limited to, removing old shingles, repairing wood rot, and
installing new shingles, hardware, and flashing.
8. Respondent received compensation in the amount of
$14,700.00 for the project.
9. Based upon the foregoing, Respondent violated section
489.13(1), Florida Statutes (2013), 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 (2013), and
the rules promulgated thereunder.
DBPR v. Michael Perry
Case No. 2013-033928
Signature Page
Signed this 19° day of May, 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: May 19, 2014
By: ERIN RENEE HENNIGAN
ERH/dd
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: 16-003406
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 for Respondent 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.
|