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. 2007-053335 ROBERT SHELDON HAMBY, D/B/A Panitz Signature Homes LLC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT SHELDON HAMBY, ("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 46751, which is current and active. 3. Respondent's last known addresses of record are 120 old Ponte Vedra Dr. Ponte Vedra Beach, Florida 32082. and 830-13 AlA North #464, Ponte Vedra Beach, Florida 32082. 4, At all times material hereto, Respondent was the primary qualifying agent for Panitz Signature Homes, LLC. ("Panitz"). 5. At all times material hereto, Respondent possessed a certificate of authority QB# 19666, which is in delinquent status. ETfER Savd dad 98TbTcbese SE+aT Shae /TE/aT Be:2T 800¢e Te 450 6. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 7. On or about December 31, 2006, Respondent entered into a contract with Jaclyn and Joshua Hernandez (“Hernandez”) to construct a home on the property located at 1028 Lauriston Dr. Jacksonville, Florida 32259. 8. The total contract price was $527,948.00, of which Respondent accepted $25,000.00. 9. The contract form submitted by Subject to Hernandez, and signed by Hernandez, did not contain Respondent’s certification number or certificate of authority number. 10. Respondent abandoned the project by failing to commence work for a period of at least ninety consecutive days. ) 11. Respondent abandoned the Hernandez project after receiving $25,000.00, from . Hernandez towards project, at the time of abandonment the project was 0% complete. COUNTI 12. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 13. Based on the foregoing, Respondent violated Section 489.129(1)(g) 2, 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 abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless ET/Pa Sod dad 98TbTcbese SE+aT Shae /TE/aT Be:2T 800¢e Te 450 the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned. COUNT if 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)(j), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT Hl 16, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1}(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting. COUNT IV 18, Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 11 as though fully set forth herein. 19, Section 489.119(6)(b), Florida Statutes, states that the registration number of each contractor or. certificate of authority number for each business organization shall appear in each offer for services, business proposal, bid, contract or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. ET/SA Jad dad 98TbTcbese SE+aT See /TE/aT BE:éT B800¢ Te 450 20. Based on the foregoing, Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply With the provisions of Chapter 489, Part I, Florida Statutes, or violating a rule or lawful order of the board, by having violated Section 489,119(6)(b), Florida Statutes. 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 $10,000 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. 5, oh Signed this 24- day of PC Found: June 24, 2008 Div. L: Wilford & Cox EeT/9a od BE:éT B800¢ Te 450 2008, pa es Fortunas Assistant General Counsel Florida Bar No. 21635 Departrnent of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 Case No: 2007-053335 a5e a anata COLES UTY “ah ?; | I CLERK ~ DATE dad 98TbTcbese SE aT Babe /TE SAT

Docket for Case No: 08-005467