STATE OF FLORIDA 03 ya, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Ig CONSTRUCTION INDUSTRY LICENSING BOARD ; DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, /) a- O13 d p. Le vs. Case No. 2001-07456 THOMAS CLYDE HILLS, d/b/a Individual, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against THOMAS CLYDE HILLS, ("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. Respondent is, and has been at all times material hereto, a Certified Building Contractor, in the State of Florida, having been issued license number CB C031903, currently active. 3. Respondent's last known address is 5805 North 20" Street, Tampa, Florida 33610. . 4. At all times material hereto, Respondent was licensed to practice contracting in the capacity of an individual only. Exp: “Fag foe fh 5. On or about February 19, 2000, Respondent, d/b/a Statewide Development Services, Inc. (hereinafter “SDS”), entered into a contract with Johnny Salter and Chequita Salter (hereinafter, “Salter”) to construct a single-family residence at 7411 Swoop Street, South, Tampa, Florida. 6. The contract price was $124,500.00. 7. SDS received a total of $68,340.00, representing 55% of the contract price, for the Salter project. 8. Respondent’s contract with Salter did not contain Respondent’s license number. 9. Respondent’s contract with Salter did not contain a notice to the consumer of rights to the Construction Industries Recovery Fund. 10. Onor about May 15, 2000, Respondent obtained building permit number 197024 002 from the City of Tampa Building Department and commenced work on the Salter project. 11. On or about September 28, 2000, CSR/Rinker Materials Corporation recorded a valid lien against Salter’s property in the amount of $9,827.51. 12. On or about December 27, 2000, M.M. & A. Construction of Florida, Inc., recorded a valid lien against Salter’s property in the amount of $3,013.20. 13. Respondent did not satisfy the aforesaid liens within 75 days of the date they were recorded. 14. On or about December 2, 2000, Respondent ceased work on the Salter project and did not perform any construction work thereafter. 15. The City of Tampa Building Department estimates that the Salter project was at most 70% complete as of the date that Respondent ceased work. 16. Onor about February 2, 2001, Salter terminated Respondent from the project. 17. To complete the project, Salter borrowed an additional $13,681.00 in excess of the contract price. 18. On September 10, 2001, the Hillsborough County Development Services Division Building Board of Adjustment, Appeals and Examiners (“Hillsborough County Board”), in case number CC-197024-L, disciplined Respondent for having violated certain provisions of the Hillsborough County Construction Code Ordinance 98-2, including, among others: Section 108.6.1(8), acting in the capacity of a contractor under a name not recognized locally or by the State of Florida; 108.6.1(11) by abandoning a job by doing no work at a jobsite for a period of 30 days without notification, Section 108.6.1(14), committing financial misconduct as it relates to two outstanding liens which remained unsatisfied for more than 45 days; Section 108.6.1(3), abandoning a customer’s job and the percentage of completion is less than the percentage of the total contract price paid to the contractor at the time of abandonment. COUNT I 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 20. Section 489.129(1)(), Florida Statutes, prohibits a person from acting in the capacity of a contractor under any certificate or registration issued hereunder except in the name of the certificateholder or registrant as set forth on the issued certificate or registration, or in accordance with the personnel of the certificateholder or registrant as set forth in the application for the certificate or registration. 21. Based on the foregoing, Respondent violated Section 489.129(1\(f, Florida Statutes, by acting as a contractor for SDS and not in his individual capacity only. COUNT H 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 23. Section 489.119(6)(b), Florida Statutes, states in part that the license number of each contractor shal! appear in each offer of services, business proposal, bid, contract, or advertisement. 24. Based on the foregoing, Respondent violated Section 489. 129(1)@), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board by having violated Section 489.119(6)(b), Florida Statutes. COUNT Ii 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 26. Section 489.1425(1), Florida Statutes, states that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer's rights under the Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500. 27. Based on the foregoing, the Respondent violated Section 489. 129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board, by having violated Section 489.1425(1), Florida Statutes. COUNT IV 28. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 18 as though fully set forth herein. 29. Based on the foregoing, Respondent violated Section 489.129(1)(g)1., Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has caused valid liens to be recorded against the customer’s property for supplies or services ordered by the contractor for the customer’s job where the contractor has received funds from the customer to pay for the supplies or services and the contractor has not had the liens removed from the property by payment or by bond within 75 days after the date of such liens. COUNT V 30. Petitioner realleges and incorporates the allegations set forth in paragraphs 1} through 18 as though fully set forth herein. 31. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, which prohibits incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455,.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. 2002. Signed this Onn day of PCP: April 30, 2002 Husband/McKitrick COUNSEL FOR DEPARTMENT: Patrick L. Butler, \3 V \ \y D sonal Reguiatian Assistant General Counsel tof Busines and PreK Department of Business and Departmen BUT CG Professional Regulation Slichell- 1940 North Monroe Street Pardo Tallahassee, FL 32399-2202 omg 12008 — PLB/plb pATE Case # 2001-07465

Docket for Case No: 03-000134PL