Jul 23 2009 9:08 a7/23/2009 89:81 8509219186 DEPR PAGE a4/a7 FILED Brpartment of Suctiass and Prafeastonel Rapulatlon Deputy Agency Clerk CLERK Brandon Michols Date 5/26/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION IT DEPARTMENT OF BUSINESS AND _ PROFESSIONAL REGULATION, Petitioner, v. Case No. 2008-068386 THOMAS NEIL VOLPE, d/b/a VOLPE CONSTRUCTION GROUP, LLC, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Patitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against THOMAS NEIL VOLPE, d/b/a VOLPE CONSTRUCTION GROUP, LLC, ("Respondent"), and gays: 1. Petitioner is the state agency charged with regulating the practice of contracting pursyant to Section 20,165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent, at all times material hereto, was a4 Certified General Contractor in the State of Florida, having been issued license number CG C022886. 3, Respondent's last known address of record is 4686 Meadowview Circle, Sarasota, Florida 34233. Jul 23 2009 9:08 arf2g/2889 89:41 8589219186 DEPR PAGE 85/87 4. At all times material hereto, Respondent was the primary qualifying agent for Volpe Construction Group, LL ("VC6"), which has been issued Certificate of Authority number QB 45313. 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. vcG sued Herman and Rosemary Williams, (Complainant) for failure to pay a Claim of Lien that was placed upon their property by the Respondent for services rendered and breach of contract. 7. On or around February 14, 2008, a Final Judgment relating to Respondent's practice of contracting was obtained against VG, in favor of Herman and Rosemary Williams, in Case Number 06-2684-cA, in the Cirenit Court of the 20° Judicial Circuit in and for Charlotte County, Florida for $11,401.14. 8. Respondent has failed to satisfy the aforementioned judgment and there is no mutually agreed upon payment plan to satisfy the judgment. 9. Rule 61G64-17.001(1) (q), Florida Administrative Code, states in part that for the purposes of Section 489.129(1) (q), Jul 23 2009 9:09 arf2g/2889 89:41 8589219186 DEPR PAGE 86/a7 Florida Statutes, “reasonable time” means sixty (60) days following the entry of civil judgment that is not appealed. 10. Respondent violated Section 489.129(1)(q), Florida Statutes, by failing to satisfy, within a reasonable time, the terms of a judgment obtained against a licensee or the business organization qualified by the licensee, relating to the practice ' of the licensee’s profession. 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. [SIGNATURE PAGE FOLLOWS] arf2g/2889 89:41 8589219186 DEPR v. THOMAS NEIL VOLPE 2008-68386 Administrative Complaint Page 4 of 4, Signature Paqe Signed this 18th day of May, By: PCP Date: May 18, 2009 PCP Members: PC found by DBFR LRA. Jul 23 2009 9:09 DEPR PAGE 2009, CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation Paul Richard Waters Paul Richard Waters, Esa, Assistant General Counsel Florida Bar No. 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, Fl. 32399-2202 (850) 488-0062 Telephone (850) 414-6749 Facsimile ar/ay

Docket for Case No: 09-003948