FILED Department af Business ant Professional Regulation Deputy Agency Clerk STATE OF FLORIDA Q LERK | Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pa. - g/2/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-047248 JEFFREY .HUGHES, Respondent. / ADMINISTRATIVE COMPLAINT The Department of ‘Business: and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division TI, against JEFFREY HUGHES (“Respondent”), 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 hereto, .Respondent was licensed asa Certified Residential Contractor in the State of Florida, having been issued license number CRC 1327590. 3. Respondent's address of record is 2977 Sequoyah Drive, Haines City, Florida. A; At all times material hereto, . Respondent was. the primary qualifying agent of Jeff Hughes Homes; Inc. (“Hughes Homes”). 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 June. 6,. 2012, Respondent, and/or Hughes Homes, entered into .a written contract with Steven Muellér -(Complainant”) for the construction of a commercial warehouse. 7. The commercial warehouse was. to be located at 1777 Executive Road, Winter Haven, Florida 8. The contract price was $120,884.00, of which Respondent, and/or Hughes Homes, accepted -approximately $11,100.00. 9. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just catise. 10. At the time Respondent ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to Respondent by Complainant. 11. Respondent was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. 12. At no time material hereto was Respondent properly certified or registered to act in. the capacity of either a certified general contractor or a certified building contractor in the State of Florida. 13. Respondent. offered to perform the .construction of a commercial warehouse in the State of. Florida. 14. The construction of a commercial warehouse, in the | State of Florida, is work that is beyond the scope of Respondent's certified residential. contractor's. license. COUNT_ONE 15... Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth herein. 16.. Based upon the foregoing, Respondent ‘violated section 489. 129(1) G Vy Florida Statutes (2011), by . abandoning a construction project in which the contractor is engaged or under contract as a contractor. couNT_Two 17. . Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one. through fourteen as though fully set forth herein. 18. “Based upon the foregoing, Respondent ‘violated section 489.129(1) (g)2., Florida Statutes (2011), by abandoning a customer’s job when the percentage of completion was. less. than the percentage of. the total ‘contract price paid to. the contractor. COUNT THREE 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through. fourteen. as though fully set forth herein. 20.. Section 485.227(1) (o), ’ Florida Statutes ~ (2011), prohibits.a licensee from practicing or offering to. practice beyond the. scope. permitted by Law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. 21.° Based upon the foregoing, Responderit violated section 489.129(1) (c), Florida statutes (2011), by violating a provision of chapter 455,, Florida Statutes. (2011), by having .violated section 455.227(1) (0), Florida Statutes (2011). 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. Signed this 234 day of July, 2013. KEN LAWSON, Secretary Department of Business: and Professional Regulation By: Thomas H. Campbell Thomas H. ‘Campbell Assistant General Counsel Florida Bar No. 71589 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 PC Found 07/23/2013 By: Boyette/Batton w 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 réquest 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: 15-001881PL