Aug 4 2010 12:31 8/4/2168 12:19 8589219186 DEPR PAGE @4/a9 FILED Departmentof Business ane Professional Regulation Deputy Agency Clerk * CLERK Brandon Niehols pete = 12/2010 Flat STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ve Case No. 2009-018767 JAMES JOSEPH TOOMEY, d/b/a ASPEN CONSTRUCTION OF SOUTHEAST FLORIDA, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against JAMES JAMES JOSEPH TOOMEY d/b/a ASPEN CONSTRUCTION OF SOUTHEAST FLORIDA, INC., (“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, at all times material hereto, was a Certified Building Contractor in the State of Florida, having been issued license number CB C1251324. Document tn Unnamed Aug 4 2010 12:31 ga/a@d/281le 12:19 8589219186 DEPR PAGE @5/ag 3. Respondent's last known addresses of record are 1614 Coral Reef Street, Sebastian, Florida 32958; and 1749 Asheroft Street NW, Palm Bay, Florida 32907. 4, At all times material hereto, Respondent was doing business as Aspen Construction, (“AJR”) which has been issued Certificate of Authority QB 43158. 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 specifie job. 6. On or about August 5, 2007 Respondent entered into a contract, (“Contract”), with Adele Sherer, (“Complainant"), to build a pool enclosure at 2540 Sikes Lane, Malabar, Florida (“Project”). 7. The total contract price was 48,170, of which Respondent has accepted $2,724. . 8. Respondent abandoned the job. 9. Respondent terminated work on the. Project without just 10. Réspondent terminated work on the Project without properly notifying Complainant. Deeument in Unnamed 2 Aug 4 2010 12:32 _ 68/84/2818 12:19 8589219186 DEPR PAGE 86/a9 11. Respondent failed to perform work on the Froject for a period greater than 90 days. 12. Although Respondent accepted $2,724, or roughly 30% of the Contract price, he completed less than 30% of the work on the Project. 3. Respondent failed to obtain a final inspection to complete the work on the Project. 4, Respondent has failed to return to the Project to complete the work. 5. Respondent has failed to refund any money to the Complainant. COUNT _ONE 16. Petitioner realleges and incorporates the allegations set forth .in paragraphs one through fifteen as theugh fully set forth herein. 17. Based on the foregoing, Respondent violated Section 489.129(1) (g) (2), Florida Statutes, by committing mismanagement ox misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor has abandoned a customer's job and the percentage of completion is less that than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to Peounout in Unnamed. 4 Aug 4 2010 12:32 aa 84/2618 12:19 8589219186 DEPR PAGE 87/89 retain such funds under the terms of the contract or refunds the axcess funds within 30 days after the job is abandoned. COUNT TWO 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1) (4), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days.in. COUNT THREE 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129(1) (0), Florida Statutes, by proceeding on any Job without obtaining applicable local building department permits and inspections. Documont in Untamed Aug 4 2010 12:32 8/@4/2616 12:19 8589219186 DEPR PAGE 88/89 COUNT FOUR 92. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fifteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.1291) (m), Florida Statutes, by committing incompetence 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 $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] Documant in Unnamed. 5 Aug 4 2010 12:32 ga/a@d/281le 12:19 8589219186 DEPR PAGE @9/ag DBPR v. ASPEN CONSTRUCTION OF SOUTHEAST FLORIDA, INC. et al. 2009-018767 Administrative Complaint Signature Page Signed this 23°% day of March, 2010. CHARLIE LIEM, Interim Secretary Department of Business and Professional Regulation Byt Paul Richard Waters Paul Richard Waters, Esq. 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 PC Found 03/23/2010 Members: Hussey/Kane Document in Unnamed

Docket for Case No: 10-007121