FILED Ospartment of Business and Professions! Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Evette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI] pee gia/2016 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2015-027174 SCOTT ALLEN COLLIER, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Scott Allen Collier (“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 numbers CGC 1505967, CGC 1516318. 3. Respondent's address of record is 15668 62™ Place North, Loxahatchee, Florida 33470. 4. At all times material hereto, Respondent was the primary qualifying agent of Afforda Builder Construction Inc. (Inc.). 5. Section 489.1195(1)(@), 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 September 25, 2014, Charles Eugene Bishop (“Complainant”) entered into a written contract with Adam Troy Berthiaume (“Berthiaume”) for regulated contracting services at Complainant’s residence located at 771 SE 22% Ave, Pompano Beach, Florida 33062. 7. The total contract price was $18,477.00, of which Berthiaume accepted approximately $13,148.00. 8. On or about March 24, 2015, Inc. applied for and obtained permit number 15- 00001486 from the City of Pompano Beach Building Department for the contract. 9. Inc. did not have a contract with Complainant to perform the work specified. 10. At no time material hereto was Berthiaume certified or registered to engage in the practice of construction contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 11. Inc. knew or had reasonable grounds to know that Berthiaume was not certified ot registered to engage in the practice of construction contracting in the State of Florida pursuant to chapter 489, part I, Florida Statutes. 12. Based upon the foregoing, Respondent violated section 489.129(1)(d), Tlorida Statutes, by performing any act which assists 2 person or entity in engaging in the prohibited uncertified and unregistered performance of contracting, if the certificateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. 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 cettificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 pert 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 DBPR v. Collier Administrative Complaint Case No. 2015027174 relief that the Board is authorized to impose pursuant to chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed, this _23" _ day of ___February , 2016 KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ Jerry Hosey Jerry Hosey Assistant General Counsel Florida Bar No. 118272 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850)717-1200 Telephone (850)921-9186 Facsimile jetty.hosey@myfloridalicense.com Probable Cause Found 02/23/2016 By: Layton/Young DBPR v. Collier Administrative Complaint Case No. 2015027174 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 tight 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 ctoss-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 tequest 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. DBPR v. Collier Administrative Complaint Case No. 2015027174

Docket for Case No: 16-003379PL