Sep 7 2007 15:22 eqvar/2ee7 15:85 8589219186 DEPR PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, “vs. CaseNo. 2005-049177 DANIEL LEB MANGUM, Respondent. / Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner") files this Administrative Complaint against DANIEL LEE MANGUM ("Respondent") and says: 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. Respondent has been at all times material hereto, a Certified General Contractor in the State of Florida, having been issued license number CG C1508773. 3. . Respondent’s address of record is 4909 FM 546, Princeton, Texas 75407. 4, From approximately March 28, 2005 to approximately March 10, 2006, Respondent was the licensed qualifying agent for Preview Construction Services, Inc. (hereinafter “Preview Construction”). 5. At all times material hereto, Preview Construction possessed a qualifying busitiess license (License No. QB39273. Sep 7 2007 15:22 eqvar/2ee7 15:85 8589219186 DEPR PAGE @4/ag 6. In or about May 2005, Respondent, doing business as Preview Construction, entered into a contract with, Anner Purify (hereinafter “Purify’”) to construct a carport at Purify’s house located at 6950 Rhoda Street, Pénsacola, Florida 32503. 7. The contract price for the aforementioned project was $18,700.00, 8. The contract failed to contain a written statement explaining the homeowners rights under the Construction Industries Recovery Fund as required by Section 489.1425(1), Florida Statutes. 9. On or about June 23, 2005, Respondent was issued a building permit (Permit No. 05060384) from the Escambia County Building Department for the project. 10. - In or about July 2005, Respondent commenced work on the project. 11. Respondent failed to request any further inspections by the Escambia County Building Department " COUNT I 12, Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 13. Section 489,1425(1), Florida Statutes, 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 Construction Industries Recovery Fund, except where the value of all labor and materials does not excced $2,500.00. 14, Based on the foregoing, Respondent violated Section 489.129(1)(4), Florida Statutes, 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(1), Florida Statutes. Sep 7 2007 15:22 eqvar/2ee7 15:85 8589219186 DEPR PAGE @5/ag COUNT II 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. 16. Based on the foregoing, Respondent violated Section 489,129(1\(0), Florida Statutes, by proceeding on any job without first obtaining applicable local building permits and inspections. COUNT UI 17. _ Petitioner realleges and incorporates the allegations set forth in paragraphs one through eleven as though fully set forth herein. | 18. Based on the foregoing, Respondent violated Section 489,129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting. 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter i ce" ED lorida Statutes, and the rules promulgated thereunder. F artmant of Business and Professional Regulation , AGENCY CLERK Signed this “CL day of Ving . 2007. RK Sarwhr Le (dead om wlenf/Z—e0b) 2007 LAA Div. I: Clark & Cox Sep 7 2007 15:22 eqvar/2ee7 15:85 8589219186 DEPR PAGE 86/a9 P. Brian Coats Assistant General Counsel COUNSEL FOR DEPARTMENT: Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-220 2005-049177 PBC/tb

Docket for Case No: 07-004049PL