(2 22-3 Pl ‘4, STATE OF FLORIDA Oo Jf pe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,” CONSTRUCTION INDUSTRY LICENSING BOARD <2 p., DIVISION I Bot, “ds So 8? DEPARTMENT OF BUSINESS AND ve PROFESSIONAL REGULATION, Petitioner, v. Case No. 2002-000006 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 Certified 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 June 26, 2001, Challenger entered into a contract with Joyce Dowling (hereinafter “Dowling”) in the amount of $13,000.00 to construct a swimming pool at 6187 Winrock Road, Lake Worth, Florida. 7. Respondent’s license number did not appear on the contract with Dowling. 8. On or about July 26, 2001, Respondent obtained permit number B01019686 from Palm Beach County for the Dowling project. 9. On or before January 31, 2002, Dowling paid to Challenger a total of $12,365.00 for the swimming pool construction. 10. During excavation for the swimming pool, Challenger caused damage to Dowling’s fence, which Dowling repaired at a cost of $281.50. Respondent has not reimbursed Dowling for this cost. 11. To comply with corrections required by an electrical inspection, Dowling was required to move electrical service at a total cost of $579.89. Respondent was obligated to perform this work pursuant to the contract and has not reimbursed Dowling for this cost. 12. The air conditioning condenser needed to be moved at a cost of $600.00 to Dowling. Respondent has not reimbursed Dowling for this cost. COUNT I 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 oF 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)G), Florida Statutes, failing in any material respect to comply with the provisions of this part or violating a tule or lawful order of the board, specifically by violating Section 489.116(6)(b), Florida Statutes. COUNT If 16. Petitioner realleges and incorporates the allegations set forth ia paragraphs 1 through 12 as though fully set forth herein. 17. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 12 as though fully set forth herein. 18. Based on the foregoing, Respondent violated Chapter 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 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 , 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. COUNSEL FOR DEPARTMENT: lL E D Patrick L. Butler, iness ad professional Regulation Assistant General Counsel { Department of DEPUTY CLERK Department of Business and “ " Professional Regulation . 1940 North Monroe Street K Northwood Centre CLER \ 6) - Oo - 9002_. Tallahassee, FL 32399-2202 pate 14 — PLB/plb Case # 2002-000006 KP 3 q-ay-2002.

Docket for Case No: 03-003363PL