ey 2f8 STATE OF FLORIDA “OLED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUIARION mb, CONSTRUCTION INDUSTRY LICENSING BOARD 3 PH yo, DIVISION I Ae SO Up DEPARTMENT OF BUSINESS AND ; PROFESSIONAL REGULATION, Petitioner, - ; OD=AUEPL vs. Case No. 2000-06115 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 Swimming Pool Contractor in the State of Florida, having been issued license number CP C055619. 3. Respondent's last known address is Post Office Box 126878, San Diego, California, 92112. 4. At all times material hereto, Respondent was the licensed qualifier for Blue Haven of West Palm Beach. 3. Section 489.1195(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 October 20, 1999, Respondent, doing business as Blue Haven of West Palm Beach (hereinafter “Blue Haven”), contracted with Eddie and Cindy Wilson to construct a pool at their residence located at 17467 Tiffany Trace Drive, Boca Raton, Florida. 7, The contract price was $21,800.00 and Respondent was paid approximately $21,700.00. 8. Respondent failed to provide notification of the Construction Industries Recovery Fund. 9. On or about August 10, 2000, a Palm Beach County Licensing Investigator issued a notice of non-compliance to Respondent for abandoning the project, providing that the last day work was done on the project was on or about February 3, 2000. 10. Respondent has failed to obtain a final inspection for the project. COUNT I 11. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein. 12. Section 489.1425, Florida Statutes, provides that any agreement or contract for repair, restoration, improvement or construction to residential real property must contain a written statement explaining the consumer’s rights under the Construction Industries Recovery Fund, except where the value of all labor and materials do€s not exceed $2,500.00. 13. Based on the foregoing, the Respondent violated Seciton 489, 129(1)(@), Florida Statutes, by failing in any material Tespect to comply with the provisions of this part or violating a tule or lawful order of the board. COUNT II 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein. . . 15. Based on the foregoing, the Respondent violated Section 489, 129(1)q), 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. COUNT II 16. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein, 17. Based on the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency or misconduct in the practice of contracting, by failing to obtain a final inspection. ; COUNT IV 18. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Ten as though fully set forth herein. 19. Based on the foregoing, the Respondent violated Section 489. 129(1)(0), Florida Statutes, by proceeding on any job without obtain applicable local building department permits and inspections. 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 $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 3A day of first , 2001. Robert A. Crabill Assistant General Counsel FILED Department of Business and Professional Regulation y: DEPUTY CLERK COUNSEL FOR DEPARTMENT: cin Lrarncontl Vhcchel Theodore R. Gay DATE 5-7-2000 ! 2A Assistant General wounse and Angela C, Desmond ACA Assistant General Counsel Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 60 Tallahassee, FL 32399-2202 4 ACD 2000-06115 yep; 3 (eal lavsin BOLL —

Docket for Case No: 03-001466PL