FILED Department of Business and Professional AGENCY CLERK CLERK Ronda L. Bryan Date 6/15/2020 STATE OF FLORIDA oe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2019063679 CILB/ECLB MICHAEL FLOYD HAINES JR.., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint against Michael Floyd Haines Jr. (“Respondent”), and alleges: 1. Petitioner is the state agency charged with regulating the practices of construction and electrical contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practices of construction and electrical contracting pursuant to sections 455.227, 455.228, 489.13, and 489.531, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction or electrical contracting pursuant to chapter 489, Florida Statutes. 4. At no time material hereto was Islander Concepts LLC an entity properly qualified under the provisions of chapter 489, Florida Statutes. 5. Respondent’s last known address is 3848 Zambrana Ave., North Port, FL 34286. 6. On or about August 22, 2019 Respondent, D/B/A Islander Concepts LLC, offered, contracted, or performed regulated construction and electrical contracting services, including but not limited to relocating a bathtub drain, replacement of shower piping, and installing electrical junction boxes at 631 Coral Dr., Nokomis, FL. 34275. 7. Respondent offered, contracted, or performed the regulated services at issue for compensation. COUNT I 8. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through seven as though fully set forth herein. 9. Section 489,13(1), Florida Statutes, provides “any person performing an activity requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity...” 10. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes, as a construction contractor without the requisite license. COUNT II 11. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through seven as though fully set forth herein. 12. Section 455.227(1)(q), Florida Statutes, provides “violating...the applicable professional practice act...” shall constitute grounds for which disciplinary actions may be taken. 13. Section 489.531(1)(a), Florida Statutes, provides “a person may not: (a) practice [electrical] contracting unless the person is certified or registered.” 14. Based upon the foregoing, Respondent violated section 455.227(1)(q), Florida Statutes, by practicing electrical contracting without the requisite license, in violation of section 489.531(1)(a), Florida Statutes. 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, Florida Statutes, and the rules promulgated thereunder. Signed this 20th day of February, 2020. HALSEY BESHEARS, Secretary Department of Business and Professional Regulation By: /s/Daniel A. David Florida Bar No. 0650412 Assistant General Counsel Office of the General Counsel Unlicensed Activity Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399-2202 Ph: (850) 717-1778 PC Found: February 20, 2020 By: DBPR 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: 21-001174