arf 2d/28e9 69:58 Jul 24 2009 10:05 DEPR PAGE 3/89 FILED Department of Qusirtss and Profeasterial Regurlationy Deputy Ageney Clerk 8589219186 CLERK Brandon Nichols Date 4/8/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Vv. Petitioner, Case No. 2008=040918 TODD M. WHALEN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against TODD M. WHALEN ("Respondent") and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Seetion 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent has bean at all times material hereto, a Certified General Contractor in ‘the State of Florida, having been issued license number CGC 1508717 which is Currently in “delinquent, active” status. 3, Réspondent’s address of record is 9040 ww 55" court Sunrise, FL 333451. GAOGC\Thomas Campbell\Administrative Compiaints\Whalen-AC-2008-040918(i,o,m).doe Jul 24 2009 10:05 arf2d/2089 89:58 8589219186 DEPR PAGE 84/89 4. At all time material hereto, Respondent was the licensed qualifying agent for TJL Group Ine (“TJL"). 5. TJL’s qualified business license (license number OB 39037) is in delinquent status. The license expired on August 31, 2007 and has not been renewed, 6. 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. Ta On or about December 13, 2006, Respondent doing business as TJL entered inte a contract with Carola M, Been (“Complainant”) to build out the interior of a warehouse located at 2501 N.W. 34°* Place Pompano Beach, FL. 8. The contract price for the project was $121,000.00. 9, The contract failed to contain Respondent's license number as required by Section 489.119(6) (b), Florida Statutes. 10. On December 13, 2006, Complainant paid $36,300.00 to Respondent, or approximately 30% of the contract price. ll. On or about April 30, 2007, Respondent applied for a building permit from the local Building Department. 12. At Respondent’ s request, subcontractor’ s commenced work on the project before the building permit was approved and GAOGC\Thomas Campbell\Administrative Complainis\Whalen-AC-2008-04091 8(i,0,m).doc Jul 24 2009 10:05 a7f2d/28e89 89:58 8589219186 DEPR PAGE @5/ag issued by the local building department. COUNT I 13. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein 14. Section 489.119(2)(d), Florida Statutes, provides in part that a Certificate of Authority must be renewed every 2 ‘years. If there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the department. 15. Based on the foregoing, Respondent violated Section 489.129(1) (i), 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, by having violated Section 489.119 (2) (da). COUNT II 16. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein 17. Section 489.119(6)(b), Florida Statutes, provides in part that the registration or certification number of each contractor or certificate of authority number for each business GAOGC\Thomas Campbell\Administrative Complainis\Whalen-A.C-2008-040918(i,0,m).doc Jul 24 2009 10:05 a6/ag a7f2d/28e89 89:58 8589219186 DEPR PAGE 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. 18. Based on the foregoing, Respondent violated Section 489.129(1) (i), 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, by having violated Section 489.119(6) (b). COUNT III 19. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 20. Based on the foregoing, Respondent. violated Section 489.129(1) (0), Florida Statutes, by proceeding on any job without obtaining the applicable building permits and inspections. COUNT IV 21. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twelve as though fully set forth herein. 22. Rule 61G4-17.001(m) (2), Florida Administrative Code, provides that misconduct or incompetency in the practice of contracting, shall include but is not limited to violation of GAOGC\Thomas Campbell\Administrative Complaints\Whalen-AC-2008-04091 8(i,o,m).doc Jul 24 2009 10:06 af/2d/2089 89:58 8589219186 DEPR PAGE 87/89 any provision of Chapter 6164, F.A.C., or Chapter 489, Part I., F.8. 23. Based on the foregoing, Respondent violated section 489.129(1)(m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting as further defined under Rule 61G64-17.001(m)2, P.A.C. WHEREFORE, Patitioner 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 of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or .all penalties delineated within Section 455.227(2), Florida Statutes, and/or any ether relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. GAOGC Thomas Campbell\Administrative Complaints\Whalen-AC-2008-04091 8(i,0,m),doc Jul 24 2009 10:06 af/2d/2089 89:58 8589219186 DEPR PAGE 88/89 wet Set Signed this nc) aay of CO eu 0 , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Brian Patrick Coats Assistant General Counsel Florida Bar No. 0829811 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) 921-9186 Facsimile Probable Cause Found 03/24/09 Division I: Del Vecchio/Sheehan Bre GAOGC\Thomas Campbell\Admministrative Complaints\Whalen-AC-2008-040918(i,o,m),doe

Docket for Case No: 09-003959PL