STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT CONSTRUCTION INDSUTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2014-020358 . HUGH B. THOMAS, Respondent. j . 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 Flcerida, 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 March 9, 2014, Respondent entered into a written contract with Patricia Thames (“Complainant”) for renovations to Complainant’ s residence located at 3222 Deer Run Lane 18-A, Ponte Vedra Beach, Florida 32082. 7, The contract price was $18,500.00, of which HBT accepted $15,000.00, including an initial deposit in the amount of $3,000.00. . a . Be Respondent proceeded on the Job without obtaining applicable local puilding department permits and inspections. 9. Respondent failed to apply for a required permit within 30 days after receiving an initial deposit amounting to more than ten percent of the total contract price. 10, The contract did not contain a written statement informing Complainant of rights under the Florida Homeowners’ Construction Recovery Fund. COUNT ONE 11. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through ten as though fully set forth herein. | | 12. Section 489.126(2) (a), Florida Statutes (2013), states that a contractor who receives, as an initial payment, money totaling more than ten percent of the contract price for repair, restoration, improvement or construction to residential real property must apply for permits necessary to do work within 30 | days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and must start work within 90 days after the date all necessary permits for- work, if any, are issued, 7 013. Based upon, 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 489.126(2) (al, Florida Statutes (2013). . COUNT TWO 14. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through ten as though fully set forth herein. 15. 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 THREE 16, Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through ten as though fully set ‘forth herein. 17. Section 489.1425, Fiorida 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. 18, Based on the foregoing, Respondent violated "section 489.129(1) (i), Florida Statutes (2013), by failing in any material respect to comply with the provisions of chapter 489, part I, Florida Statutes, or violating @ 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 $10,000 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 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 heating 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 ifa 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: 15-007352PL