Deputy Agency Clerk STATE OF FLORIDA CLERK vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI Date 71912016 DEPARTMENT OF BUSINESS AND = PROFESSIONAL REGULATION, Petitioner, v. Case No. 2016-005020 AMANDA DAVIS, Respondent. ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against Amanda Davis (“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 Specialty Contractor in the State of Florida, having been issued license number SCC 131151391. 3. Respondent's addtess of record is 3909 Charlie Taylor Road, Plant City, Florida 33565. 4, At all times material hereto, Respondent was the primary qualifying agent of Superior Gutter and Screen, Inc. (“SGS”). 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 October 15, 2014, Respondent entered into a written contract with Karen Reda (“Complainant”) for roof extension at Complainant’s residence located at 19204 Meadow Pine Drive, Tampa, Florida 33647. 7. The contract price was $9,415.00, which Complainant paid in full. 8. Respondent proceeded on the job without obtaining applicable local building department inspections. 9. Respondent ceased work and failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. COUNT ONE 10. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nine as though fully set forth herein. 11. Based upon the foregoing, Respondent violated section 489.129(1)(), Florida Statutes by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 12, Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through nine as though fully set forth herein. 13. Based upon the foregoing, Respondent violated section 489.129(1) (0), Florida Statutes, by proceeding on a job without obtaining applicable local building department permits and inspections. 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 28" day of June, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ SORIN ARDELEAN Assistant General Counsel Dept. of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 (850)717-1226 Telephone (850)921-9186 Facsimile Sorin. Ardelean@myfloridalicense.com Florida Bar No: 734853 Probable Cause Found 06/28/2016 By: Cathey/ Evetts 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 120.57, Florida Statutes, to be represented by counsel or other qualified fepresentative, 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 tequested. 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 tight 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, Ponda Administrative Code. NOTICE REGARDIN SESSMENT OF oT: 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: 17-000428PL