O3APR 23 PMI2: 34 EST OF DIVISION IL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2001-07420 O° [YSPC vs. ROBERT LEE MERICKLE, D/b/a Blue Haven of West Palm Beach Respondent. / ADMINISTRATIVE COMPLAINT RS EE AV EF 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, currently active. Respondent's last known address is P.O. Box 126878, San Diego, California 92112. 4. At all times material hereto, Respondent was licensed as qualifying agent for Blue Haven of West Palm Beach (“Blue Haven”). 5. Section 489.1195( 1)@), 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 May 11, 2001, Respondent contracted with Pamela and Mark Ware (“Ware”) to build a swimming pool at their residence located at 511 NW 57® Way, Coral Springs, FL 33067. 7. The contract price of $42,800.00 has been paid in full by Ware. 8. The aforementioned contract did not contain a statement explaining consumer’s rights under the Construction Industries Recovery Fund. 9. As of the date of the complaint, September 19, 2001, Ware alleges that the pool is not complete, and that Respondent created damage to the existing patio structure. 10. A Coral Springs Building Official (“Building Official”) advised that the pool’s “final inspection” had been passed erroneously. The final inspection has since been rescinded. 11. Respondent was advised by the Building Official to present a letter from a licensed engineer certifying the following: 12. (1) That the required corrective measures needed to restore the supporting column which had been dislodged by Blue Haven, and (2) that the corrective measures had been taken. 13. Blue Haven’s permit privileges were suspended upon Respondents failure to provide the Building Official with the engineer’s certification. 14. Coral Springs Building Official has not Teceived the required engineer’s certification from Respondent. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as fully set forth herein. 16 Section 489.1425(1), Florida Statutes, provides in part that a contract for improvement 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 does not exceed $2,500.00 17. Based upon the foregoing, the 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 arule or lawful order of the board. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as fully set forth herein. 19. Based on the foregoing, Respondent violated Section 489.129(1)(m), Florida Statutes, by committing incompetency, or misconduct in the practice of contracting. COUNT III 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as fully set forth herein. 21. Based on the foregoing, the Respondent violated Section 489.129(1)(n), Florida Statutes, by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing ww soard 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. G Signed this “VA dayof_ — Any 7 , 2002. vA PCP: July 23, 2002 Holloway/Lawson COUNSEL FOR. DEPARUMEN T: 64 Any . Cc ~ Patrick F. Creehan i Assistant General Counsel t \ LED Reguiation Department of Business and f Business RK Professional Regulation Department © DEPUTY ae . 1940 North Monroe Street Prardyl Northwood Centre Tallahassee, FL 32399-2202 CLERK a- 4 _ 200 PEC/PPT DATE Case # 2001-07420

Docket for Case No: 03-001468PL