Deputy Agency Clerk STATE OF FLORIDA CLERK Eveite Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI| pee 49/18/2016 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2014-035496 JAMES ROBERT MUMM JR,, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (“Petitioner”) files this Administrative Complaint before the Construction Industry Licensing Board, Division I, against James Robert Mumm Jr. (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the Ptactice 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 Building Contractor in the State of Florida, having been issued license number CBC 1251826. 3. Respondent's address of record is 12471 Gateway Green Dr., Fort Myers FL 33913. 4. At all times material hereto, Respondent was the primary qualifying agent of Mumm Custom Contracting Inc. (“Mum Contracting”). 5. Section 489.1195(1)(a), Florida Statutes (2012), provides that all ptimary 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 August 21, 2013, Mumm Contracting entered into a written contract with Marguerite Dooley (“Complainant”) to remodel Complainant’s property located at 640 98 Avenue N., Naples FL 34108. 7. The contract price was $45,729.00, of which Respondent accepted $53,671.00, including an initial deposit of $15,000.00. 8. The scope of work required a building permit from the local building department. 9. Respondent failed to apply for a required permit for the high impact front door within 30 days after receiving an initial deposit amounting to more than ten percent of the total contract ptice. 10. Respondent has not scheduled all the necessary or required inspections and allowed permits to expire. 11. Respondent failed to perform any work under the contract for a period of greater than 90 consecutive days without just cause. 12. When Respondent ceased work under the contract, the percentage of completion was less than the percentage of the contract price paid to Mumm Contracting by Complainant. 13. Mumm Contracting was not entitled under the contract to retain the excess funds paid by Complainant, and to date has not refunded the excess funds. 14, The contract does not contain a statement notifying Complainant of Complainant’s rights under the Florida Homeowner’s Construction Recovery Fund. 15. Respondent's registration or certification number does not appear on the contract. COUNT ONE 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 17. Based upon the foregoing, Respondent violated section 489.129(1)q), Florida Statutes (2012), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. COUNT TWO 18. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 19. Based upon the foregoing, Respondent violated section 489.129(1)(g)2., Florida Statutes (2012), by abandoning a customer’s job when the percentage of completion was less than the percentage of the total contract price paid to the contractor. COUNT THREE 20. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fiftecn as though fully set forth herein. 21. Section 489.129(1)(@, Florida Statutes (2013), provides for discipline against a licensee for 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. 22. Based upon the foregoing, Respondent violated section 489.129(1)@, Florida Statutes (2012), when Respondent violated section 489.126(2)(a), Florida Statutes (2012), by failing to apply for permits necessary to do work within 30 days of the date of receiving, as an initial Payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to real residential property. COUNT FOUR 23. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 24. Based upon the foregoing, Respondent violated section 489.129(1)(0), Florida Statutes (2012), by proceeding on a job without obtaining applicable local building department permits and inspections. COUNT FIVE 25. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 26. Section 489.119(5)(b), Florida Statutes (2012), provides that the registration or certification number of each contractor shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 27. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes (2012), by failing to comply with the provisions of chapter 489, part I, Florida Statutes, or violating a tule or lawful order of the board, by having violated section 489.119, Florida Statutes. COUNT SIX 28. Petitioner re-alleges and incorporates by reference the allegations set forth in paragraphs one through fifteen as though fully set forth herein, 29. Section 489.1425(1), Florida Statutes (2012), provides 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 recovery fund, except where the value of all labor and materials does not exceed $2,500.00. 30. Based on the foregoing, Respondent violated section 489.129(1)(), Florida Statutes (2012), by failing to comply with the provisions of chapter 489, part I, Florida Statutes, or violating a tule or lawful order of the board, by having violated section 489.1425, Florida Statutes (2012). 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 8* day of December, 2015. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ Sorin Ardelean Sorin Ardelean Senior Attorney Florida Bar No. 0734853 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL. 32399-2202 (850)717-1226 Telephone (850)921-9186 Facsimile Probable Cause Found 12/08/2015 By: Evetts/Cox 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 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: 16-005970PL