(3 27S PL STATE OF FLORIDA Pg DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT OO y CONSTRUCTION INDUSTRY LICENSING BOARD "Os DIVISION I oy oa va DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VS. Case No. 2001-04922, EAMONN DOMINICK WALSH, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against EAMONN DOMINICK WALSH, ( "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 is, and has been at all times material hereto, a Certified Pool Contractor, in the State of Florida, having been issued license number CP C057006. His license is active, Respondent is also a Registered Pool Contractor, in the State of Florida, having been issued license no. RP 0066862. The status of Respondent’s registered license is taactive, delinquent. 3 Respondent's last known address is Chailenger Pools, 15250 S. Tamiami Tr. C2, Ft. Myers, FL 33908. 4 Aa all dias matacial hareto Resnon nalh 4a At aii times miater jal her eto, Respondent qualified Challenge 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 around November 11, 2000, Respondent, doing business as Challenger Pools, contracted with Danny Dinatale to build a pool on property located at 6794 Finamore Circle, Lake Worth, Florida. 7 The contract price was $23,236.00. 8 The contract did not contain Respondent’s license number. 9 The contract did not contain notification of the Construction Industries Recovery Fund. 10. Onor about January 8, 2001, the Palm Beach County Building Department issued a permit on the project. 11. By the end of January 2001, Respondent had excavated the pool area and poured the concrete pool shell. 12. As of April 29, 2001, Mr. Dinatale made draw payments to Respondent totaling $22,334.00. 13. Despite many phone calls from Mr. Dinatale, Respondent progressed on the construction very slowly. 14. After Mr. Dinatale contacted Channel 25 News, Respondent poured the concrete deck in June 2001. 15. As of April 17, 2002, construction on the pool progessed to the point that the pool was screened in and held water, however, there is a leak and the pool lacks a pooi light and self-cleaning system. 16. Respondent has been slowly finishing the pool, but there has been ro final inspection yet. 17. Respondent is required to obtain a final inspection for the work completed. 18. Respondent has thus far failed to obtain a final inspection for the work compieted.. COUNT 1 19. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-18, as though fully set forth in this Count. 20. Section 489.1425, Florida Statutes, 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 Construction Industries Recovery Fund, except where the value of all labor and materials does not exceed $2,500.00. 21. Based upon the foregoing, the Respondent violated Section 489.129(1)(%), Florida Statutes, by failing in any material respect to comply with the provisions of this pact or violating a rule or lawful order of the board. COUNT 2 22. Petitioner realieges and incorporates the allegations set forth in paragraphs 1-18, as though fully set forth in this Count. 23. Section 489.119(6)(b), Florida Statutes, provides that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardiess of medium, as defined by board mile, used by that contractor or business organization in the practice of contracting. 24. Based upon the foregoing, the Respondent violated Section 489. 129(1)Q, Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT 3 25. Petitioner realleges and incorporates the allegations set forth in paragraphs 1-18, as though fully set forth in this Count. 26. Based upon the foregoing, the Respondent violated Section 489. 129(1)(0), Florida Statutes, by failing to obtain a final inspection for the contracted work. COUNT 4 27. Petitioner realleges and incorporates the allegations set forth in Paragraphs 1-18 as though fully set forth in this Count. 28. Based on the foregoing, the 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 or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or ail 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 ~/ “1 day of Ansa 30 , 2002 PCP: June 25, 2002 Robert ‘ c abill Watts/Green Chief Cogsts ction Attorney COUNSEL FOR DEPARTMENT: F Fi It E D William Oglo ¥™* fog f Department of Buses to rts . Assistant General Counsel fg 7 iyi ol Regulation Department of Business and Professional Regulation re] cat 3s Vliet WA, , 1940 North Monroe Street, Suite 60 ‘ Tallahassee, FL 32399-2202 nai ser ora WMO/jkn

Docket for Case No: 03-003361PL