STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, b0-2047 Petitioner, Case No. 98-23166 vs. ROBERT LEE MERICKLE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against ROBERT LEE MERICKLE, ("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 C055619. 3. Respondent's last known address is PB BOX 126878, San U Xd Diego, .CA., 92112. ne 4. At all times material hereto, Respondent was the licensed qualifier for Blue Haven Pools (hereinafter referred to as "Contractor") and was responsible in such capacity for all of its contracting activities. 5. On or about February 10, 1998, the Contractor contracted with Sonia Parente (hereinafter referred to as “Customer”) to construct a spa at 4132 Pinewood Lane, Weston, Florida for Fifteen Thousand, Three Hundred Eighty dollars ($15,380.00). 6. The Customer paid the Contractor Fifteen Thousand, Twenty Seven dollars ($15,027.00) toward the contract price. 7. In or around May 1998, the Contractor obtained the permit for the Customer’s project from the City of Weston Building Department. 8. The Contractor failed to complete the Customer’s pool ina manner that complied with the minimum industry standards as established by the City of Weston Building Department. 9. In or around November 1998, the Customer paid One Thousand Six Hundred Seventy dollars ($1,670.00) to S.P.0 & Supply, Inc. to repair the spa jets, spa heater and valves. 10. In or around December 1998, the Customer received a Notice to owner from Wian Electric, a subcontractor hired by the Contractor to perform work on the Customer's spa. Ww YW 11. The Notice to Owner indicated that Wian Electric had not been paid Eight Hundred Twenty Five dollars ($825.00) by the Contractor for work that Wian Electric performed on the Customer’s spa. 12. In or around January 1999, the Customer paid Wian Electric Eight Hundred Twenty Five dollars ($825.00). 13. The Customer expended Two Thousand, Four Hundred Ninety Five dollars ($2,495.00) over the contract price. 14. The foregoing constitutes mismanagement or misconduct in the practice of contracting that causes financial harm to a Customer. 15. Based on the foregoing, the Respondent violated Section 489.129(1) (h) (3), Florida Statutes (1997), by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. WHEREFORE, Petitioner respectfully requests the WU VY 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 $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. Signed this VU day of _ Avjuih , 1999. G.W. HARRELL, CHIEF ATTORNEY Co hha &X Daud COUNSEL FOR DEPARTMENT: Diane Snell Perera F | L E p Senior Attorney Department of Business and Professional Regulation Dept. of Bus. & Prof. Reg. DEPUTY CLERK 401 NW 2 Avenue #N607 MM . Miami, FL. 33128 Prandtl. (305) 377-7115 CLERK 6/10/99 “e ore_ B-le~ TT =" 98-23166 DSP/ms pcp: 1/23/94 Qoeusatk ~ Browsen

Docket for Case No: 00-003044PL