Sep 27 2005 11:32 aq/27/ 2885 11:31 8589219186 DEPR PAGE 2/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No, 2004-038787 KELLIE L. WAGNER, D/B/A CALOOSA CONTRACTING, INC. AND ASHLYNN HOMES, INC.,, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction, Industry Licensing Board, against KELLIE L. WAGNER, ("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 C59242, 3. Respondent's last known address of record is 18140 Riverchase Court, Alva, ° Florida 33920. Sep 27 2005 11:32 aq/27/ 2885 11:31 8589219186 DEPR PAGE 83/14 4, On or about November 27, 2002, Reynaldo Adame (“Adame”) entered into a contract with Respondent to build a new house located at 175 Karlow Avenue 5., Lehigh Acres, Florida 33936 (“residence”). 5. The total contract price was $119,900. Adame paid Respondent the total amount of the contract price. . 6. Respondent completed the contract project of the house. 7. On or about February 4, 2004, a valid lien in the amount of $761.61, was placed on Adame’s residence by Central Concrete Supermia, Inc. (“Central Concrete”), in accordance with a contract with Respondent for unpaid materials of Ready-Mix Concrete and/or blocks. 8. On or about April 13, 2004, Adame paid Central Concrete a total of $915.00 to satisfy the lien, attorney’s fees, and interest. 9. On or about April 20, 2004, a Satisfaction and Release of Lien was issued, in which Central Concrete released the lien on Adame’s residence. 10. = On or about December 4, 2004, a valid lien in the amount of $3,073.00 was placed on Adame’s residence by Sahara Cabinets, Inc. (“Sahara”), in accordance with a contract with a contract with Respondent, where Respondent failed to pay for the manufacturing and installation of cabinetry and countertops. 11. On or about March 2, 2004, a valid lien in the amount of $835.00 was placed on Adame’s residence by Skyliné. Aluminum (“Skyline”), in accordance with a contract with Respondent, where Respondent failed to pay for labor and/or materials provided. Sep 27 2005 11:33 aq/27/ 2885 11:31 8589219186 DEPR PAGE @4/1a COUNT I 12. ‘Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 1] as though fully set forth herein, 13. Based on the foregoing, Respondent violated section 489.129(1)(2)(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 valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer's job; 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 IL 14. “Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 15. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing 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, — Teprimand 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 Sep 27 2005 11:33 o/27/2685 11:31 8589219186 DEPR PAGE 85/18 455.227(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. . * Signed this IT day of nce de , 2005. Brian Elzweig Assistant General Counsel COUNSEL FOR DEPARTMENT: Brian Elzweig Assistant General Counsel \ 7 fk D ; Department of Business and k “4 rat Requiation Professional Regulation Degartenent of Business a RK Office of the General Counsel DEPUTY oe 1940 N. Monroe Street, Ste, 42 : Tallahassee, FL 32399-2202 Prandin ; cue 200 - Case #: 2003-038787 DATE = BE/sh Found: May 24; 2005 © Division T; Chung & Lang

Docket for Case No: 05-003549