Deputy Agency Clerk STATE OF FLORIDA CLERK Evelte Lanson-Procter DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT 2/6/2015 CONSTRUCTION INDSUTRY LICENSING BOARD File # DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2014-006520 HUGH B. THOMAS, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Hugh iB, Thomas (’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 as a Certified General Contractor in the state of . Florida, having been issued license number CGC 1517075. 3. Respondent's address of record is 4917 Silver Street, Jacksonville, Florida 32206, 4. At all times material hereto, Respondent’ was the. primary qualifying agent of HBT Construction, Inc. (‘HBT”). 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 July 22, 2013, Respondent entered into a written contract with Kecia Williams (“Complainant”) for renovations to Complainant’ s residence located at 11417 Sarasota Lane, Jacksonville, Florida 32218, 7. The contract price was $40,000.00, of which. HBT accepted $25,000.26, including an initial deposit in the amount of $2,000,090. . 8. "Respondent proceeded on. the job without obtaining applicable local building department permits and inspections. 9. The contract did not contain a written statement informing Complainant of rights under the Florida Homeowners’ Construction Recovery Fund. | COUNT ONE 10. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. al. Based upon the foregoing, Respondent violated section 489.129(1) (0), Florida Statutes (2013), by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT TWO 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Section 489.1425, Florida Statutes (2013), 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 Florida Homeowners’ Construction Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 14. Based on the foregoing, Respondent violated section 489.129 (1) (4), Florida Statutes (2013), 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 489.1425, Florida Statutes (2013). . 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 $10,900 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penaities 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 27° day of January, 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Amanda B. McKibben Amanda B. McKibben Assistant General Counsel Florida Bar No. 104788 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 Probable Cause Found 01/27/2015 By: Cathey/Chung 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 further advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 1220.57, 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 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on _ the facts alleged. 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. 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: 15-007340PL