~ STATE OF FLORIDA | ‘ete —AIG/2012 DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATI| ries DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v. Case No. 2011-031077 CLYDE M. SMITH, UR., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Respondent, Clyde M. Smith, Jr., and alleges: 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. At all times material to this complaint, Respondent has been a certified residential contractor, pursuant to Chapters 455 and 489, having been issued license number CRC 1329994, which is in a “current, active” status. 3. Respondent’s address of record is 7175 53" Street, Vero Beach, FL 32967. 4, At all times material to this complaint, Respondent has been the primary qualifying agent for C M Smith Enterprises, G:\OGC\Bailey, Brittany\AC\Smith (0) AC 2011-031077.doc Filed June 8, 2012 4:45 PM Division of Administrative Hearings Inc. (“Smith Enterprises”), doing business as Milestone Construction, Inc. 5. 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. 6. On or about February 16, 2011, Emily Franklin (“Complainant”), entered into a contract with Smith Enterprises to construct a wooden horse barn with a tack room at a residence located at 10577 165°" Road North, Jupiter, FL 33478. 7. The contract price for the project was $12,870.00, of which Complainant paid $7,447.00. 8. The scope of work outlined in the contract required a permit from the local building department. 9, On or about February 16, 2011, Smith Enterprises commenced work on the project. 10. Smith Enterprises commenced work prior to obtaining required permits from the local building department for the project. 11. To date, Smith Enterprises has failed to obtain any required permits or inspections for the project. 12. Section 489.129(1) (0), Florida Statutes (2010), G:\OGC\Bailey, Brittany\AC\Smith (0) AC 2011-031077.doec 2 subjects a licensee to discipline for proceeding on any job_ without obtaining applicable local building department permits and inspections. 13. Based on the foregoing, Respondent violated Section 489.129(1)(o), Florida Statutes (2010). 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455,227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) G:\OGC\Bailey, Brittany\AC\Smith (oc) AC 2011-031077,doc 3 Signed this 27th day of March, 2012, KEN LAWSON, Secretary Department of Business and Professional Regulation By: Pooja S. Patel Pooja S. Patel. Assistant General Counsel ' Fl. Bar No. 0056734 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 (850) 488-0062 Telephone (850) 921-9186 Facsimile Respondent Clyde Melvin Smith, Jr. DBPR Case Number 2011-031077 Probable Cause Found 03/27/2012 By: Cathey/Evetts ' | | | | | 4 G:\OGC\Bailey, Brittany\AC\Smith (0) AC 2011-031077.doc “NOTICE OF RIGHTS 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. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (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 the Respondent in addition to any other discipline imposed. G:\OGC\Bailey, Brittany\AC\Smith (0) AC 2011-031077.doc i)

Docket for Case No: 12-002018PL