(3 33 AL STATE OF FLORIDA By DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION eo CONSTRUCTION INDUSTRY LICENSING BOARD . DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2001-06493 EAMONN WALSH, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (‘Petitioner’), files this Administrative Complaint before the Construction Industry Licensing Board, against EAMONN 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 Cextified Pool/Spa Contractor in the State of Florida, having been issued license number CP C057006. 3. Respondent’s last known address of record is 15250 South Tamiami Trail, Suite C2, Fort Myers, Florida 33908. 4. At all times material hereto, Respondent was the primary qualifying agent for Challenger Pools of South Florida, Inc. (hereinafter “Challenger”). 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 February 4, 2001, Challenger entered into a contract with Gustavo Suarez (hereinafter “Suarez”) in the amount of $16,500.00 to construct a poo! at 6758 Finamore Circle, Lake Worth, Florida 33467. 7. On April 4, 2001, the parties agreed upon an addendum to the contract to add a screen enclosure at an additional cost of $9,500.00, increasing the total contract price to $26,000.00. 8. Respondent’s license number did not appear on the original contract or the addendum with Suarez. 9. On or before September 22, 2001, Suarez paid Challenger a total of $22,750.00 for the project. 10. | Onor about November 15, 2001, Palm Coast Aluminum recorded a claim of lien against the property of Suarez in the amount of $7,890.00 to secure payment for labor and materials ordered by Respondent d/b/a Challenger Pools of South Florida, Inc. on or before August 17, 2001. 11. | The aforementioned lien was not satisfied by Respondent within 75 days of the date it was recorded. 12. On or about December 7, 2001, a certificate of completion was issued for the Suarez project. COUNTI 13. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein 14. Section 489.119(6)(b), Florida Statutes, requires 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, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 15. Based on the foregoing, Respondent violated Chapter 489.129(1)@), Florida Statutes, failing in any material respect to comply with the provisions of this part or violating a mile or lawful order of the board, specifically by violating Section 489.119(6)(b), Florida Statutes. COUNT HL 16. Petitioner realleges and incorporates the allegations set forth in. paragraphs 1 through 12 as though fully set forth herein. 17. Based on the foregoing, Respondent violated Chapter 489.129(1)(g)1., Florida Statutes, committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer where valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. 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 license, 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 , investigation and assess costs associated with 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 TP dayof_ _ O bsbe~ , 2002. COUNSEL FOR DEPARTMENT: Patrick L. Butler, W Assistant General Counsel 0 Department of Business and ge Professional Regulation 1940 North Monroe Street Northwood Centre Tallahassee, FL 32399-2202 PLB/plb Case # 2001-06493 . Q-24-2002 gaps Aaa C By: Pa . Creehan Chief Construction Attorney Business and professional Reguiatioan Cc DEPUTY Mflishl Department of

Docket for Case No: 03-003362PL